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Question
Posted by: Benson | 2011-05-10

What to expect

I am a 25 year old father of a six year old.i hear his mother is taking me to court for maintenance as we have irreconciliable differences.I have not received any summon or anything yet so I ''m not too sure when I am going to be called.
I support my child anyway.Living separately has not stopped me doing so.The fact is she is seeing someone else.
What happens in the maintenance court when one get there?
Are you called in court or is it between you the magistrate and the mother of the child?What do I say there.Do I agree with whatever is said....Please advise

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Our expert says:
Expert ImageFamily law expert

You will first meet with the maintenance officer in order to see whether you can't settle. Once an agreement is reached it will be made an order of court. If you don't agree on the maintenance the matter will have to be referred to court and a magistrate will fix the maintenance after both you and the mother gave evidence. I suggest that you keep proof of all payments you are making in the interim and draft a monthly expense and income statement and get all the proof to back it up.

Bertus Preller
B.Proc; AD Dip L Law
Family Law Attorney
Abrahams and Gross
O: +27 (0) 21 422 1323
E: bertus@divorceattorney.co.za
W: www.divorceattorney.co.za

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Our users say:
Posted by: family law expert | 2011-05-14

You will first meet with the maintenance officer in order to see whether you can't settle. Once an agreement is reached it will be made an order of court. If you don't agree on the maintenance the matter will have to be referred to court and a magistrate will fix the maintenance after both you and the mother gave evidence. I suggest that you keep proof of all payments you are making in the interim and draft a monthly expense and income statement and get all the proof to back it up.

Bertus Preller
B.Proc; AD Dip L Law
Family Law Attorney
Abrahams and Gross
O: +27 (0) 21 422 1323
E: bertus@divorceattorney.co.za
W: www.divorceattorney.co.za

Reply to family law expert
Posted by: Benson | 2011-05-13

Thanks Riekie,I had no idea {Never been to any court},
I love my son.The mother is making my life difficult.When I found out of her affair I wanted her to tell it all WHICH SHE DID.I guess she couldn''t live with it as I gave her a silent treatment.She threatened going to court which she has done but I am not so worried.I just don''t want her to go overboard and ask for more as she destroyed this relationship.I just have given up on her...the trust is no more there,
Will do as advised Riek,thanks

Reply to Benson
Posted by: Riekie | 2011-05-12

From my own experience it is just you, your ex and the representative from the court. You don''t have to agree with whatever she says, take your payslips with and maybe your budget, they will not give her more just because she asks for it, she must proof why and if you can''t afford it and proof it they will not give her more. Both parties must be reasonable. To avoid going to court every year get to an agreement of how much the maintenance will increase every year, normally it is according to inflation but I think it is not enough. You can also offer to pay for certain things yourself like the school etc. Good luck. (Get to court very early because you are going to sit in a long que).

Reply to Riekie

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