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Question
Posted by: Amy 2 | 2011-04-13

PLEASE advise

Hi there.
I have an issue with regards to maintenance. I have not received an increase in maintenance as per our divorce agreement, which should be each year in May. He says that since he earns a basic and commission, he can''t commit to an exact amount, but also refuses to increase maintenance per month with only R250.00 per month.
Now, taking into account his basic and his commission, he earns between R18 000.00 and R22 000.00 per month. I earn R12 000.00, after tax deductions, R10 300.00.
He is currently giving me R3500.00 per month, and this he says has to cover ALL expenses including clothing.
We have two kids aged 11 and 13.
He pays no rent as he lives in one of his fathers mansions, and only pays for his own car that he drives.
I have made up a spreadsheet of expenses that I incur each month with regards to the kids.
Since I am remarried, I split every into four parts (my husband, myself and the kids), and add up only the kids'' portion.
I include their part of the bond payment (their accommodation), their portion of my water and lights account, their portion of the once a week cleaning service, their school fees, their portion of my petrol expense (to school and back and extra murals), their part of the groceries and meat account.
It all adds up to R8460.00 a month, and that excludes ANY clothing, not even a pair of socks.
My expenses from Jan next year as my one child goes to high school, goes up with R680.00 more per month.
Him and the girlfriend go away for a weekend every month, just returned from a boat trip to Mozambique, eat out twice a week, and live in luxury. Why must I battle with my kids?!
What can I do about this?
Your advice would be greatly appreciated.

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Our expert says:
Expert ImageFamily law expert

I suggest that you approach the maintenance court as a result of him being in contempt of a court order and simeltaneously institute proceedings to increase the monthly maintenance.

Bertus Preller
B.Proc; AD Dip L Law
Family Law Attorney
Abrahams and Gross Cape Town
O: +27 (0) 21 422 1323
E: bertus@divorceattorney.co.za
W: www.divorceattorney.co.za
Twitter: www.twitter.com/edivorce
Facebook: www.facebook.com/divorceattorneys

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.

5
Our users say:
Posted by: family law expert | 2011-04-17

I suggest that you approach the maintenance court as a result of him being in contempt of a court order and simeltaneously institute proceedings to increase the monthly maintenance.

Bertus Preller
B.Proc; AD Dip L Law
Family Law Attorney
Abrahams and Gross Cape Town
O: +27 (0) 21 422 1323
E: bertus@divorceattorney.co.za
W: www.divorceattorney.co.za
Twitter: www.twitter.com/edivorce
Facebook: www.facebook.com/divorceattorneys

Reply to family law expert
Posted by: FIO | 2011-04-14

You are entitled to claim the kids share of the bond, lights and water etc. Any expense that is directly related to the basic needs of the children are claimable. Even petrol costs and car costs involved in getting the children to school.

Reply to FIO
Posted by: Amy 2 | 2011-04-13

Logic - Kids'' expenses ONLY - not MINE - KIDS'' expenses = R 8460.00. He pays R3500.00.
Why the HELL must I pay R4960.00 and he only pays R3500.00??
Where should my kids live if accommodation is not paid for and sorted?!

Reply to Amy 2
Posted by: Amy 2 | 2011-04-13

Listen ??? - the " BOND THING"  does work, and is VALID.
Don''t comment on things you know nothing about.
Why should I cut my kids'' food bill down and feed them less, and clothe them less while their father lives in luxury?!?
NO ways.
I pay MORE than half, but he earns twice as much as I do?! If a man makes a child he has to take care of it.
WAY too many dead beat dad''s out there, and I''m not allowing this one to get away with less than half the expenses.

Reply to Amy 2
Posted by: ??? | 2011-04-13

My Two Cents worth if he puts in R3500 and you put in R3500 that makes R7000 you can easily look after your kids, dont use the rent portion etc excuses, he also needs to live and he is paying maintenance no court in their right mind will grant you maintenance of R8460 on his salary , Both parents should contribute to the kids, My partners ex gets R1100 per kid,+ we pay school fees , school uniform, medical aid , clothing etc, tioletries , sportsgear and I say we because I help out partner she does not pay a cent out of her pocket and we are drowning in costs , and she has alot to say about evertying my attitude is " If you dont pay , you dont have a say"  , But You can go to maintenance court and ask for a increase but you must provide proof and the part of the bond thing does not work.

Reply to ???

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