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Question
Posted by: Julie | 2010/06/17

Where do i stant?

Good Day,

I am wanting some advice on my situation please.

I am about to go to maintaince court with my ex of 5 years (we were never married) about our 2 year old daughter who lives with me.

He is currently paying R1500 maintaince, half of school fees and her medical aid (R453.00) which finished in feb because he didnt move her to a better plan,so is now covering the other expenses for meds because her funds have run out.

I know he earns at least double my salary and does alot of private work on the side that brings him in alot of money but i know he is going to over ride this with the court.

He thinks that R1500 seems to cover all her expenses and i am sitting back paying everything. Which is not true at all at the moment i am paying R1500 rent which is going to increase at the end of the year as i will be moving into my own place then i still buy her all her chlothes and extra groceries aswell as her nappies and wet wipes and anything she needs extra for the month. I also do all the dropping and fetching from school and taking to doctors appts and gettings meds ect. So as you can imagne the expenses are well over the R1500 he gives me. But he is under the impression that by going to court it is going to be shooting myself in the foot because he wont have to pay as much?How much info can you give me on this situation please so that i know what to fight for in court and what to except.

Many thanks

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Our expert says:
Expert ImageFamily law expert

Both parents have a maintenance obligation, and the person who has primary custody of the child is assumed to contribute more in a non-financial form. When deciding on the amount the non custodial parent should pay the court will consider everything from the child’s age, education and health needs to the financial position of both parents. Make a list of the child’s expenses including the cost of rent, electricity, groceries, clothing, school fees, domestic worker and/or after care fees, medical expenses, extra mural activities and other day to day expenses in the child’s life. There is a spreadsheet on the maintenance application documents where this can be filled in. For certian expenses such as rent for instance, you can allocate 1/3 to the child and 2/3 for you.

Bertus Preller
Family Law Attorney
KWJ Inc.
Cape Town
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: family law expert | 2010/06/19

Both parents have a maintenance obligation, and the person who has primary custody of the child is assumed to contribute more in a non-financial form. When deciding on the amount the non custodial parent should pay the court will consider everything from the child’s age, education and health needs to the financial position of both parents. Make a list of the child’s expenses including the cost of rent, electricity, groceries, clothing, school fees, domestic worker and/or after care fees, medical expenses, extra mural activities and other day to day expenses in the child’s life. There is a spreadsheet on the maintenance application documents where this can be filled in. For certian expenses such as rent for instance, you can allocate 1/3 to the child and 2/3 for you.

Bertus Preller
Family Law Attorney
KWJ Inc.
Cape Town
bertus@divorceattorney.co.za

Reply to family law expert
Posted by: Julie | 2010/06/17

Thank you very much for your advice i really really do appreciate it!And i will start from now with collecting all the costs and slips and making lists of them for court!At a stage i did start collecting but i never continued (very silly move on my part) But now that i know this is going to work in my daughter benefit i will definaltey start from now until the date that we go into court.

Reply to Julie
Posted by: HW | 2010/06/17

Hi Julie. I can only suggest to you that you prepare a comprehensive document or spreadsheet on all your actual expenses ie. rent, electricity, rates, water, domestic help costs, car repayments, petrol, food, car insurance costs, pet expenses if your daughter has a pet. These types of costs are apportioned 50/50 between you and your daughther. Your ex is obliged to contribute towards the 50% of the costs relating to your daughter. Costs such as your daughter''s clothing, daycare expenses, over the counter medical expenses for your daughter alone and once off costs such as birthday parties, gifts for school friends etc, are 100% apportionable to your daughter, as these costs are not being spent on something that you derive a benefit from. You need to add the total of these 100% costs to the 50/50 portion of the first lot of costs I mentioned to arrive at what your daughter actually costs. You will need to back up all costs with actual slips/receipts, to prove the existence of these costs. Your ex cannot refute the costs if they are in black and white. Try and keep about 6 months worth of proof, so that he cannot say that one month is abnormal costs, because you can take an average of 6 months and use this figure in your spreadsheet. You must itemise every cost as a separate line item and give it a value. You don''t need to go to a lawyer to prepare this for you. This will cost you a lot of money to do this. Sit with a friend you can help you if you find this difficult. This is the most effective way to back up your claims. It is a bit of a schlep, but worth it - keep everything in a file and make copies of everything, in case something goes missing. I went through this too, but this is the only way that you will get it right. The court will take both your current earnings into account and pro rata the costs between the two of you. He is unlikely to get way with pay less, that''s for sure. I

Reply to HW

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