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Question
Posted by: Raadop | 2010/07/20

Maintenance, what is fair..

What is the minimum payment of maintenance for a 9 year old boy. I earn R7200.00 before deductions. His school is R550, Aftercare R430, Med aid R1288.00 for us both. The father only pays R950 p/m. If i buy school clothes (winter) it cost me R1250 and he refuses to pay half &  that is all I ask for but when they fly him to them they take half the ticket money off the R950. If I ask for any help his wife tells me to work it in my budget. He has his own business, they have laptops, bikes, full time maid, DSTV they say I must be greatfull for what I get cos when the court sees what he ears they will tell me i am lucky. I need a lawer to help me as i have been to maintenance court and cos he has his own business hey say it is difficult.

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Our expert says:
Expert ImageFamily law expert

The maintenance court or the maintenance officer at court will help in working out how much money should be paid as maintenance. Both parents will need to fill in an income and expenditure form in order for the magistrate to make his ruling. Usually, the court first works out how much the children need for their maintenance (i.e., to provide them with food, shelter, clothes, and so on). The court can order that the child’s medical costs be paid by one or both parents or that the child be registered as a dependent on one of the parent’s medical aids. The court will then see that each parent makes a fair contribution to those needs, usually by requiring them to contribute in proportion to their respective incomes. The level of maintenance is usually determined by the standard of living of both the parents and their social standing in the community.

Bertus Preller
www.divorceattorney.co.za
bertus@divorceattorney.co.za

The information provided does not constitute a diagnosis of your condition. You should consult a medical practitioner or other appropriate health care professional for a physical exmanication, diagnosis and formal advice. Health24 and the expert accept no responsibility or liability for any damage or personal harm you may suffer resulting from making use of this content.

2
Our users say:
Posted by: family law expert | 2010/07/21

The maintenance court or the maintenance officer at court will help in working out how much money should be paid as maintenance. Both parents will need to fill in an income and expenditure form in order for the magistrate to make his ruling. Usually, the court first works out how much the children need for their maintenance (i.e., to provide them with food, shelter, clothes, and so on). The court can order that the child’s medical costs be paid by one or both parents or that the child be registered as a dependent on one of the parent’s medical aids. The court will then see that each parent makes a fair contribution to those needs, usually by requiring them to contribute in proportion to their respective incomes. The level of maintenance is usually determined by the standard of living of both the parents and their social standing in the community.

Bertus Preller
www.divorceattorney.co.za
bertus@divorceattorney.co.za

Reply to family law expert
Posted by: anon | 2010/07/20

Why are you even asking these questions!?? Get down to the maintenance courts and let them work it out for you!!! The longer you leave it the worse it becomes and when you do go down to the courts they will assume you left it so long because you coping just fine on what you earn! I would suggest you apply for an increase and get it sorted once and for all. Just for your peace of mind, the WIFE has nothing to do with what you are entitled to regarding maintenance! Go down the courts, DONT DELAY THIS!

Reply to anon

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