advertisement
Question
Posted by: choices | 2011/07/25

what are they entitled to

I split from my girlfriend as she was abusive.she claims to be three months pregnant with twins. How does one go about calculating maintenance and when does maintenance payments start before birth or only when children are born

Not what you were looking for? Try searching again, or ask your own question
Our expert says:
Expert ImageFamily law expert

A magistrate of the maintenance court can make an order for payment to the child’s mother, of money, plus interest, for:

- The mother’s expenses for the child’s birth; and
- Expenses relating to the child’s maintenance from the date of birth until the date of the inquiry.

Parents have a duty to provide for their children depending on their ability. If a parent does not live with a child, there is a legal duty to pay money to provide for the needs of the child.

Maintenance is the support (money) given by the person(s) held responsible to help provide food, shelter, clothing, medical care and schooling regardless of the nature of the relationship.

The amount of maintenance that can be expected depends on the social status of the family, their income and the cost of living.

Bertus Preller
Family Law Attorney
Abrahams and Gross Inc.
A:1st Floor, 56 Shortmarket Street, Cape Town
O: +27 (0) 21 422 1323
F: 086 572 8373
E: 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.

3
Our users say:
Posted by: Anon | 2011/07/26

Just to add to the above. Keep all slips of what you buy for the babies, don''t give the mother cash only chq''s or transfers. Be very careful the mothers get protection orders and violation orders for no good reason, watch what you say to the mother don''t swear her it can be seen as abuse behavior. Read up about your situations, remember knowledge is power. Once again good luck, I hope for your sake she is lying.

Reply to Anon
Posted by: Anon | 2011/07/26

First find out if she is really pregnant. You don''t have to pay maintenance you can however help with the medical bills. When the babies are born you must mediate a parental plan - believe me this is very important and you don''t have to go see a lawyer for this at all. Good luck on this journey you are going to need it. I only found out 7 months ago how difficult this journey is as the mothers see themselves as the owners of the children. (I suggest you go read the Childrens Act from Section 21 -part hereof below)
Acquiring parental responsibilities and rights in terms of section 21.in order for an unmarried father to automatically acquire parental rights and responsibilities under section 21 the following requirements must be met:
If he is not living or has never lived with the mother in a life partnership then in order for him to acquire automatic parental rights and responsibilities 
(i) he must consent to being identified as the child’ s father or apply to be so identified or he must pay damages in terms of customary law  and
(ii) he must contribute or must have attempted to contribute to the child’ s upbringing for a reasonable period  and
(iii) he must contribute or must have attempted to contribute to expenses in connection with the maintenance of the child for a reasonable period

Reply to Anon
Posted by: family law expert | 2011/07/26

A magistrate of the maintenance court can make an order for payment to the child’s mother, of money, plus interest, for:

- The mother’s expenses for the child’s birth; and
- Expenses relating to the child’s maintenance from the date of birth until the date of the inquiry.

Parents have a duty to provide for their children depending on their ability. If a parent does not live with a child, there is a legal duty to pay money to provide for the needs of the child.

Maintenance is the support (money) given by the person(s) held responsible to help provide food, shelter, clothing, medical care and schooling regardless of the nature of the relationship.

The amount of maintenance that can be expected depends on the social status of the family, their income and the cost of living.

Bertus Preller
Family Law Attorney
Abrahams and Gross Inc.
A:1st Floor, 56 Shortmarket Street, Cape Town
O: +27 (0) 21 422 1323
F: 086 572 8373
E: bertus@divorceattorney.co.za

Reply to family law expert

Have your say

Thanks for commenting! Your comment will appear on the site shortly.
Thanks for commenting! Your comment will appear on the site shortly.
advertisement