Posted by: angie | 2008/06/26

To Single mothers or anyone who might kn

I have an 18 month-old and moving out of a house previously shared with the father. He insists he can only pay R500 towards maintenance, which he claims makes up half of the costs; I'm responsible for the other half.
I'd either have to get a bigger place to accommodate a nanny and pay towards her living costs OR take him to creche`. The nanny option works better 4 me for when i'm working unusual hours and weekends. He says the court wil find the 500 reasonable and the nanny/creche` is my responsibility cos the child is in my care. He's got 2 other kids from previous relationship so i'd say he's got a lot of experience in terms of court orders for maintenance and though it's such a ridiculous amount i'm almost hesitant to take him on in court. Is this legal? I'm going to struggle!

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Our expert says:
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Discuss this with someone at the maintenance court, rather than assume that he is accurate in his estimate. I think the courts would also look at his income compared to yours, when considering the maintenance, and would look at what you and your child would need. The fact that the child is in your care should be irrelevant as to how much he should pay.
As Lolo says, better to get this decided by a court as then he would have to pay or face charges of contempt of court. And as Kb says, the issue for a court to decide is the best interests of the CHILD, not hat the father prefers. And if he can't afford the multiple maintenance payments, he had better stop fathering children.

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Our users say:
Posted by: Kb | 2008/06/26

My childs father did the same to me. I went to the maintenance court and he is paying 4 times the amount of what he wanted to pay me. You must remember it is the best interest of the child, not the parents. My ex had to sell his fancy car, he also had 2 cell accounts that the court argued against. You do have to show all your expenses. Keep all your slips for anything you purchase, as if you do go to court, they will need copies of all this information. Dont let him tell you what he is can afford, of course he will lie to you. Remember he thinks you will be using HIS money for yourself and not the child. Go to the courts, they know best.

Reply to Kb
Posted by: Lolo | 2008/06/26

don't get intimidated by him the court work on how much do u spend for the baby's needs, there is a form that you fill in and they look at your expences as well as his and the baby, both parents are responsible to pay for the baby if you both work.

i find it better to let the court decide on maintanance payment because if he fail to pay he will be penalized and if you let him pay what he want to pay, there is nothing you can do if he stop making those payments.

let him pay that R500 for now and still go to court to make him pay fair amount.

Reply to Lolo
Posted by: Maria | 2008/06/26

Post to the divorce forum, lots of people there with experience.

R500 is ridiculously low. The court will look at costs and your relative incomes to determine how much maintenance he should pay. There is no such thing as something being your sole responsibility, financially speaking, because the child is living with you.

Reply to Maria

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