Posted by: Dawn | 2010-04-22

Maintenance, two kids &  my rights


My husband of eight years and I are getting divorced.
We have a 3 year old and 3 month old together.
I earn R13 000 p/m and he earns R11 000 p/m.
Question 1: How much manitenance could I expect to get?
Question 2: How do you work out what consistutes as costs for the kids? (ie. insurances, petrol, electricity etc) If you were to split it.
Question 3: If there are any unforseen costs like hospital bills or clothing or extra school costs, does that get split over and above what is agreed on as maintenance?


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Our expert says:
Expert ImageFamily law expert

Deciding how much maintenance should be paid is, theoretically, simple. A court will look at the reasonable financial needs of the children involved, bearing in mind the family’s pre-divorce standard of living; then, each parent must provide for the children according to his or her means (what he or she earns and spends) on a pro-rata (proportional) basis. Maintenance calculation is easy. All the child's expenses are added up (portion of the rent, food, electricity, maid, clothes, school, medical, extra-mural activities, etc). If it is mom and 1 child, the child's portion is half of everything. This amount is then shared between the mother and the father in proportion to what they earn. I.e if the father earns R10 000 and mom earns R5000, the father will pay 2/3 and mother will pay 1/3. School fees, extra-mural activities and medical expenses are usually stipulated separately as to who will pay what portion.

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Our users say:
Posted by: Dawn | 2010-05-03

Thanks very much for that info, it makes perfect sense.
Just one more question, does a portion of your monthly petrol also fall into the childs expenses?

Reply to Dawn

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