Child Maintenance Saga: How a mother forced the father of her child to pay child maintenance after battling for 5 years

advice-child-maintenance-child-custody-divorceMaintenance Saga: When Jill was 17 years old, she met Jack. He was much older than her, working, and very charming. Jill was in her final year of high school and in love with Jack. One thing led to another, and Jill fell pregnant with his child. When she told Jack the good news, he asked her to have an abortion. She refused. Jack was then out of the picture and nowhere to be found. She did not know where he stayed, nor did she have his work details. All she had was his mobile number. This number was useless as he blocked her. The furthest thing from her mind at the time was the issue of child maintenance.

Parents finding out

Needless to say, things did not go well for Jill. Other than having to keep the fact of her pregnancy from her parents, she also had to deal with morning sickness and weight gain. After the first trimester, her parents knew something was wrong and confronted her. She told them she was pregnant. Things then just got worse. Jill’s parents took her out of school, and she was kept out of the public eye. To them, she disgraced them. What made it even worse was that Jill could not provide much information about the father of her child. Her parents, already struggling to make ends meet, had an additional burden to pay for Jill’s gynaecological visits and medication. The child was born, and Jack was still nowhere to be found. Jill named her baby James.

Realities of life

Life moved on for Jill and her child. Jill’s mother gave up her job to care for the child and Jill had to go to work. With no matric or any special skills, Jill had to get a job in retail, working the late shifts. What she earned was not enough for her and the child’s expenses. Her parents were complaining and putting pressure on her to find the father of the child to help support him. This was not the life her parents, nor she, envisaged for her.  

The Shock – He was married

Jill called around, spoke to some people and found out where the father lived. It turned out, that Jack was married, since before he met Jill and has three children with his wife. When she met with Jack, he wanted nothing to do with her and said that it is not his child. He also told her that should she take him to the maintenance court, he will deny paternity. This left her despondent and she did not know what to do. He did not even want to meet the child. Jill could not leave it at that. She had to find a way to get Jack to support his child. It is unfair that he supports his other 3 children and gives nothing towards James. She finally found out what Jack did for a living. He was a self-employed graphic designer, working from home. Nonetheless, she wanted him to pay. She, however, did not know what to do.

The Maintenance Court

Two years passed and things were not getting better financially. Jill’s mother was getting old, and her father was soon to retire. With inflation, she earned about the same as she did when she first started working. Jill then spoke to some people who advised her to approach the maintenance court for assistance and advise. She then went to the Maintenance Court. She completed the Application Form and provided all relevant information. This included the home address of Jack. She then waited. Three months later, she received a letter in the post advising her of the date she needs to appear in court for the maintenance enquiry. The Court date was a month later. She then appeared at Court, and Jack was not there. The maintenance officer had no proof that Jack knew about the court date, so she had to issue a subpoena. Jill was told to leave and that she would be notified of the next date in due course. James just turned 3.

The Blood tests

advice-child-maintenance-child-custody-divorceFour months later, Jill, this time received a subpoena to appear in the same maintenance court. This time, she had to appear two weeks later as they took some time to get the subpoena to her. When she entered the court, she saw Jack walking with a lady wearing a suit and holding a briefcase. He did not even greet her. Jill waited outside the maintenance officer’s office and when her name was called, she entered the office where she saw Jack and his lawyer sitting. She was the same lady she saw him walking with earlier. Before Jill could say anything, the maintenance officer told Jill that Jack is disputing paternity and that she would have to go for a blood test with the child. Obviously, if Jack is not the father of James, then Jill has no right to make the application. Everything had to be kept on hold until the results were confirmed.

The paternity outcome

The first time Jack met his son James was when the blood samples were taken. Jack still wanted nothing to do with him. When they appeared back at the maintenance court 3 months later, the results were announced. Jack was 99.99999 percent the father of James. Neither Jack nor Jill was surprised with the results. But Jack’s lawyer was. She then withdrew as his lawyer. She could not represent a client who was dishonest to her. The matter, therefore, had to be postponed for legal representation. The Maintenance Court Delays Three months later, Jack and Jill again appeared before the maintenance officer. This time, Jack came with his wife. She, however, had to sit outside the office when the maintenance enquiry took place. Jack said he could not afford a lawyer and neither could Jill. When asked to produce his income and expenses, he said he did not have any. He also said that all monies he gets paid go into his banking account. But for the past 6 (six) months, he did not earn any money. The case was then postponed for Jack to bring copies of the last 6-months bank statements and for the maintenance investigator to look into the matter. The matter was then postponed for another 3 months. James was turning 4.

The paternal grandparents

When the parties appeared before the maintenance officer, Jack provided his bank statements. It depicted that he did not earn anything for the past 3 months. The maintenance investigator also could not find anything of value to show that James had money. Jill knew that Jack was lying about his income, but because he got paid in cash, there was no proof of the fact. It was then decided that they will call in the paternal grandparents to contribute towards James’s maintenance. This made Jack very nervous as his parents did not know that he had a son. Nonetheless, they were subpoenaed to Court. The matter was then again postponed for 3 months.

The maintenance settlement

When the parents of James and his grandparents appeared at the Maintenance Court, they were distraught. Never would they have thought they would ever have to visit a Court. What made it worse was that they were there because their son did not want to pay child support for his child. Embarrassed with the situation, Jack agreed to pay child support to James, on condition that his parents are kept out of the settlement. Jill agreed, and a maintenance order was granted.

Moral of the story

Never give up on claiming child maintenance for your child. Even if it takes you almost 5 years. advice-child-maintenance-child-custody-divorce

Sharing is Caring

This and other articles and posts found on this website are written by Adv. Muhammad Abduroaf to assist people with various family law related issues they may have. If you find any of our articles, free resources and posts interesting, or possibly useful to others, please  share it on Social Media. Should you require any other legal services and advice, not related to family law, visit Private Legal. Purchase a Consultation with us from our Online Shop, by clicking here.  

View some of our other Child Maintenance Articles below

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Child Maintenance Saga: How a mother forced the father of her child to pay child maintenance after battling for 5 years

advice-child-maintenance-child-custody-divorceMaintenance Saga: When Jill was 17 years old, she met Jack. He was much older than her, working, and very charming. Jill was in her final year of high school and in love with Jack. One thing led to another, and Jill fell pregnant with his child. When she told Jack the good news, he asked her to have an abortion. She refused. Jack was then out of the picture and nowhere to be found. She did not know where he stayed, nor did she have his work details. All she had was his mobile number. This number was useless as he blocked her. The furthest thing from her mind at the time was the issue of child maintenance.

Parents finding out

Needless to say, things did not go well for Jill. Other than having to keep the fact of her pregnancy from her parents, she also had to deal with morning sickness and weight gain. After the first trimester, her parents knew something was wrong and confronted her. She told them she was pregnant. Things then just got worse. Jill’s parents took her out of school, and she was kept out of the public eye. To them, she disgraced them. What made it even worse was that Jill could not provide much information about the father of her child. Her parents, already struggling to make ends meet, had an additional burden to pay for Jill’s gynaecological visits and medication. The child was born, and Jack was still nowhere to be found. Jill named her baby James.

Realities of life

Life moved on for Jill and her child. Jill’s mother gave up her job to care for the child and Jill had to go to work. With no matric or any special skills, Jill had to get a job in retail, working the late shifts. What she earned was not enough for her and the child’s expenses. Her parents were complaining and putting pressure on her to find the father of the child to help support him. This was not the life her parents, nor she, envisaged for her.

 

The Shock – He was married

Jill called around, spoke to some people and found out where the father lived. It turned out, that Jack was married, since before he met Jill and has three children with his wife. When she met with Jack, he wanted nothing to do with her and said that it is not his child. He also told her that should she take him to the maintenance court, he will deny paternity. This left her despondent and she did not know what to do. He did not even want to meet the child.

Jill could not leave it at that. She had to find a way to get Jack to support his child. It is unfair that he supports his other 3 children and gives nothing towards James. She finally found out what Jack did for a living. He was a self-employed graphic designer, working from home. Nonetheless, she wanted him to pay. She, however, did not know what to do.

The Maintenance Court

Two years passed and things were not getting better financially. Jill’s mother was getting old, and her father was soon to retire. With inflation, she earned about the same as she did when she first started working. Jill then spoke to some people who advised her to approach the maintenance court for assistance and advise. She then went to the Maintenance Court. She completed the Application Form and provided all relevant information. This included the home address of Jack. She then waited. Three months later, she received a letter in the post advising her of the date she needs to appear in court for the maintenance enquiry. The Court date was a month later. She then appeared at Court, and Jack was not there. The maintenance officer had no proof that Jack knew about the court date, so she had to issue a subpoena. Jill was told to leave and that she would be notified of the next date in due course. James just turned 3.

The Blood tests

advice-child-maintenance-child-custody-divorceFour months later, Jill, this time received a subpoena to appear in the same maintenance court. This time, she had to appear two weeks later as they took some time to get the subpoena to her. When she entered the court, she saw Jack walking with a lady wearing a suit and holding a briefcase. He did not even greet her. Jill waited outside the maintenance officer’s office and when her name was called, she entered the office where she saw Jack and his lawyer sitting. She was the same lady she saw him walking with earlier. Before Jill could say anything, the maintenance officer told Jill that Jack is disputing paternity and that she would have to go for a blood test with the child. Obviously, if Jack is not the father of James, then Jill has no right to make the application. Everything had to be kept on hold until the results were confirmed.

The paternity outcome

The first time Jack met his son James was when the blood samples were taken. Jack still wanted nothing to do with him. When they appeared back at the maintenance court 3 months later, the results were announced. Jack was 99.99999 percent the father of James. Neither Jack nor Jill was surprised with the results. But Jack’s lawyer was. She then withdrew as his lawyer. She could not represent a client who was dishonest to her. The matter, therefore, had to be postponed for legal representation.

The Maintenance Court Delays

Three months later, Jack and Jill again appeared before the maintenance officer. This time, Jack came with his wife. She, however, had to sit outside the office when the maintenance enquiry took place. Jack said he could not afford a lawyer and neither could Jill. When asked to produce his income and expenses, he said he did not have any. He also said that all monies he gets paid go into his banking account. But for the past 6 (six) months, he did not earn any money. The case was then postponed for Jack to bring copies of the last 6-months bank statements and for the maintenance investigator to look into the matter. The matter was then postponed for another 3 months. James was turning 4.

The paternal grandparents

When the parties appeared before the maintenance officer, Jack provided his bank statements. It depicted that he did not earn anything for the past 3 months. The maintenance investigator also could not find anything of value to show that James had money. Jill knew that Jack was lying about his income, but because he got paid in cash, there was no proof of the fact. It was then decided that they will call in the paternal grandparents to contribute towards James’s maintenance. This made Jack very nervous as his parents did not know that he had a son. Nonetheless, they were subpoenaed to Court. The matter was then again postponed for 3 months.

The maintenance settlement

When the parents of James and his grandparents appeared at the Maintenance Court, they were distraught. Never would they have thought they would ever have to visit a Court. What made it worse was that they were there because their son did not want to pay child support for his child. Embarrassed with the situation, Jack agreed to pay child support to James, on condition that his parents are kept out of the settlement. Jill agreed, and a maintenance order was granted.

Moral of the story

Never give up on claiming child maintenance for your child. Even if it takes you almost 5 years.

advice-child-maintenance-child-custody-divorce

Sharing is Caring

This and other articles and posts found on this website are written by Adv. Muhammad Abduroaf to assist people with various family law related issues they may have. If you find any of our articles, free resources and posts interesting, or possibly useful to others, please  share it on Social Media.

Should you require any other legal services and advice, not related to family law, visit Private Legal.

Purchase a Consultation with us from our Online Shop, by clicking here.

 

View some of our other Child Maintenance Articles below

[pt_view id=”ff9fb06k6j”]

 

 

 

Related Post

The Family Trust in South Africa – Do you have your Family Trust registered?

A family trust can play an important role in your family’s life. It may continue to do so after you passed away. The same like owning property, a car or a business, creating and running a family trust may sometimes be beneficial to both you and your family. The aim of this article is to bring the concept of the Family Trust to your attention.

What is a Family Trust in simple terms?

Basically, someone called a founder or donor would donate some money or property and appoint trustees to administer the property for the benefit of certain identified beneficiaries. The property would then be called the Trust Property. This arrangement and agreement is called a Trust. The terms of the agreement would be stipulated in a Trust Deed. The Trust Deed is a legal document. This document would then be registered with the Office of the Master of the High Court. The Trustees may only act in terms of the Trust Deed. All property, money and so on that is donated to the Trust, by the founder or anyone else, does not belong to him or her. The property belongs to the trustees in their capacity as trustees for the time being of the Trust. So, if trustees change, the new trustees take on the responsibility to manage the Trust Property as initially agreed to by the initial Trustees and the Donor. And of course, the Trustees can only use the Trust Property as stipulated in the Trust Deed.

Example of the implementation of a Family Trust

Let’s say the Trust Deeds states that the Trust assets are to be used for the benefit of the Founder’s grandchildren. It is to be used for school fees, and tertiary education and the like. Therefore, the Trustees would then have to utilise the Trust property to pay for the school fees of the founder’s grandchildren. If the grandchildren are not at school yet, the Trustees may have to invest the Trust assets until such time it is needed for school fees.

When would a Trust Terminate?

The Trust Deed would stipulate when the Trust would terminate and what should happen to its assets at the time. If one applies the example above, it may state that the Trust terminates when the youngest grandchild completes University. Should this happen, then the Trust Deed may stipulate that the remaining Trust assets be distributed to all these grandchildren in equal shares.

Tax and legal implications of a Trust

The tax laws applicable to a Trust may differ significantly to that of an individual or a company. It is therefore important to consult an accountant or tax practitioner on such implications. If a Trust is an ideal vehicle to use to secure your family’s financial future, then creating a Trust sooner than later may be the best thing to do.

Speak to us should you wish to register a Family Trust

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Commonly asked questions about divorce in South Africa.

The South African Courts are granting divorces to people on a daily basis. Some divorces were initiated a few weeks ago, and others go back several years. The distinction between couples who obtained a divorce in a matter of weeks and those who waited for years is straightforward. Those who chose to wait a few weeks realised that fighting was futile, and by getting divorced sooner, they could move on with their lives more quickly.

Our unopposed divorce service

If your marriage has broken down and you and your spouse agree to get divorced, talk to us about your uncontested divorce options. We guarantee that your divorce will be resolved swiftly and with minimal stress and anxiety. Here are some frequently asked questions about divorce. If you have any particular questions, don’t hesitate to schedule a consultation with us.

What are the costs of an unopposed divorce?

The costs of an unopposed divorce would vary. That would depend on the law firm and the issues involved. We offer an unopposed divorce at a fixed fee.

What questions to ask when considering divorce?

The most important question to ask when considering divorce is whether your marriage can be saved. If your marriage cannot be saved, then a divorce may be the best thing for you.

What is the requirement for a divorce in Court?

For a court to divorce you, the Court has to be convinced on a few aspects. They relate to the issue or jurisdiction; you are married, and the marriage has broken down irretrievably. If there are minor children involved, the Court would want to be convinced that their best interests are being upheld.

What is the biggest challenge of divorce?

The biggest challenge in divorce is for the parties to accept that their marriage is over.

What not to do when asking for a divorce?

Do not agree on things you may regret later—for example, agreeing to relinquish assets you may want to keep.

What to do before telling your spouse you want a divorce?

Make sure you want a divorce.

What to do before telling your wife you want a divorce?

Make sure you want a divorce.

What is the first step when you want a divorce?

It would be best if you saw a lawyer.

What are my rights as a wife in a divorce in South Africa?

If you were maintained by your husband during the marriage, you may have a right to personal maintenance or alimony.

How do I start a divorce process?

The divorce process starts with a Summons.

How much does divorce cost in South Africa?

It can range from a few thousand rands. You can also do it yourself for free.

How long does a divorce take in South Africa?

I can take a few weeks if it is unopposed or a few years if opposed. It depends on the Court as well. Some courts are very busy.

What is the first step to divorce in South Africa?

It is to institute if at Court.

What is a free divorce in South Africa?

It is where you do not make use of a lawyer. You can do the divorce yourself.

How can I speed up my divorce in South Africa?

Try to settle the divorce.

What happens to the provident fund when you divorce?

If you are married in a community of property, the non-member spouse should receive half.

How much is a wife entitled to in a divorce pension?

If you are married in a community of property, the wife is entitled to half.

How long after divorce can you remarry in South Africa?

Immediately.

Can I claim my husband’s pension after the divorce in South Africa?

Yes, you can.

What is spousal maintenance in South Africa?

It is where your spouse has to continue supporting you after the marriage.

How long does a pension fund take to pay out after divorce?

Usually between two to three months.

How long does it take to get money from GEPF after divorce?

It is best to contact them. However, it is estimated to take about two to three months.

Does GEPF pay a lump sum?

They should pay what the divorce order says.

Who qualifies for GEPF?

A spouse is someone who is married to the member.

How do I claim my spouse’s pension after divorce?

You should claim before the divorce. If after, you must approach the Court.

What are the spousal benefits of GEPF?

You should contact them.

How is the Gepf payout calculated?

You should contact them.

What is the final salary for Gepf?

You should contact them.

How much is a lump sum from the final salary pension?

It will usually be 50 % if you are married in a community of property.

Can my wife claim half of my pension?

Yes.

How is spouse pension calculated?

It is calculated at the value of the divorce.

How can I check my GEPF balance?

Contact them.

What is rule 43 in South Africa for divorce?

It is a procedure in the High Court where you claim child maintenance, custody or contribution towards legal costs pending the divorce finalisation.

Who loses the most in a divorce?

The children, if the parties keep fighting.

Do I have to support my wife after the divorce?

No, unless a court orders you to do so.

What are the stages of divorce for a woman?

There are no specific stages.

How do I decide when to divorce?

If your marriage has broken down and cannot be saved.

What is the number 1 reason for divorce?

Parties are incompatible.

What are the three effects of divorce?

It varies between people.

Who initiates divorce more?

One would have to look at the divorce statistics.

Can a divorce be denied in South Africa?

Yes, it can.

What should I ask myself before divorce?

Can the marriage be saved?

What are the disadvantages of divorce?

You are no longer together as a family unit.

What should you think about before divorce?

Can the marriage relationship be saved?

What to do before telling your spouse you want a divorce?

Speak to a divorce lawyer.

What to do before telling your wife you want a divorce?

Speak to a divorce lawyer.

Why should you never bring up divorce?

You should only bring it up if the marriage has broken down.

What are my rights as a wife in a divorce in South Africa?

You have a right to alimony if you can prove your claim.

What is the pensionable salary?

A salary where the pension is paid.

How is pension calculated?

It would be best if you spoke to your employer.

What is the rule 58 in divorce?

It is where you claim interim maintenance, custody or a contribution towards costs in the magistrates court.

Is everything split 50-50 in a divorce in South Africa?

Only if you are married in a community of property.

What happens to the provident fund when you divorce?

If you are married in a community of property, the non-member spouse will receive half the value as of the date of the divorce.

How much tax do you pay on a divorce settlement in South Africa?

You should speak to an accountant.

What documents are needed for divorce in South Africa?

Marriage certificate for the Court.

How much does it cost to file for divorce in SA?

From free to a few thousand.

What is a free divorce in South Africa?

It is where you do it yourself, or a lawyer does not charge you.

How long does it take to Finalise a divorce in South Africa?

From a few weeks if all is agreed upon to a few years if the parties cannot.

How long after divorce can you remarry in South Africa?

Immediately.

Who should file for divorce first in South Africa?

Any spouse.

Who gets custody of the child in divorce in South Africa?

The parent that can best care for the child.  

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