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Question
Posted by: Jack | 2010/11/19

Maintenance

How are maintenance payments calculated in the event of a divorce. Both spouses are working, two children involved.

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Our expert says:
Expert ImageFamily law expert

To determine the child’s costs, the starting point in allocating expenses is to allocate those expenses that do not relate only to the child as to 1/3 for the child and 2/3 for the parent

The principle of proportionality - if the income of both parents is equal, each parent will contribute 50% towards the needs of the minor children. When calculating the actual expenditure in respect of the children, the current income of both parents are taken into account and the principle of proportionality is applied to it.

The monthly contribution amount for each parent will be determined by using a formula.
An example of the formula follows:
Children's Costs= R 12000

Father's net income R 24 000
Mother's net income R 8 000
Nett total income R 32 000

Father's pro rata portion R 24 000
R 32 000 = 75% which equals R9 000

Mother's pro rata portion R 8 000
R 32 000 = 25% which equals R3 000


Bertus Preller
Family Law Attorney
Abrahams and Gross Attorneys
www.divorceattorney.co.za
bertus@divorceattorney.co.za

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Our users say:
Posted by: David | 2010/12/08

What if the mother is unemployed? But she is in arrears for about 3 years of payment and the court agreement was 50% and still is. Her situation changed, but even when she was working she didnt pay her half.

Reply to David
Posted by: family law expert | 2010/11/20

To determine the child’s costs, the starting point in allocating expenses is to allocate those expenses that do not relate only to the child as to 1/3 for the child and 2/3 for the parent

The principle of proportionality - if the income of both parents is equal, each parent will contribute 50% towards the needs of the minor children. When calculating the actual expenditure in respect of the children, the current income of both parents are taken into account and the principle of proportionality is applied to it.

The monthly contribution amount for each parent will be determined by using a formula.
An example of the formula follows:
Children's Costs= R 12000

Father's net income R 24 000
Mother's net income R 8 000
Nett total income R 32 000

Father's pro rata portion R 24 000
R 32 000 = 75% which equals R9 000

Mother's pro rata portion R 8 000
R 32 000 = 25% which equals R3 000


Bertus Preller
Family Law Attorney
Abrahams and Gross Attorneys
www.divorceattorney.co.za
bertus@divorceattorney.co.za

Reply to family law expert
Posted by: FIO | 2010/11/19

Calculate all expenses related to children, like food, clothing, schooling, medical etc. Als include portiuon of rent and lights/water, transport, you name it. Best to include just the essential stuff. Movie tickets - no.

Assuming the total comes to R10,000, you then work out how much each must pay according to your incomes.

If dad earn 20k, and mom earns 10k, then dad pays 2 3rds (R6,666) and mom pays 1 3rd (R3333).

However, if the amount is not affordable from either side, then the amount can be negotiated according to yoru other expenses etc. BUt the above formula is the standard formula.

Reply to FIO

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