Accrual System Out of Community of Property

Child Maintenance / Support Questions and Answers

Our Lawyer (Pty) Ltd introduced this Child Maintenance / Support Questions and Answers page for you to post questions you may have on the topic. For example, if you want to know how much child maintenance to claim, pose a question with some background facts. At the same time, should you be able to assist others who posted questions below, requiring some advice on Child Maintenance / Support, please proceed and reply to their comments. In that manner, we would all be able to assist each other and increase our online knowledge base. Therefore, although we a are legal consultancy, specialising in family law, you may have problems or experiences that we have not encountered. Let us share in our knowledge of Child Maintenance / Support.

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Questions posted on Live Q and A with Advocate Muhammad Abduroaf

12 questions posed when registering on www.ourlawyer.co.za/live Question 1 Western Cape I have a restraining order against the mother of my child as she harasses myself and my family. I pay my maintenance however she refuses to let me see my son. It’s been almost a year now and I have reached out to social workers as well as mediation for a parenting plan but so far, no assistance – PLEASE HELP Question 2 Kwazulu Natal Divorced since 2013. Settlement agreement in place and through the years the maintenance amount stated on that agreement has changed. This year we relocated and my daughter was given the opportunity to live with her school principal in order to finish her Gr7 year in an excellent school. Her father notified me that he will not pay her maintenance to me because she is not in my care. He has not paid it to anyone else either. He gave her pocket money and paid the school fees which has always been separate from the maintenance amount. Please advise. Question 3 Western Cape My husband has been paying maintenance for 21 years. The child does not go to school and he has a garnish order that was supposed to stop in November 2021. He went to court for 2 days an filled the paperwork but the papers were still not delivered to the mother. Can you pls give advice as to how to stop the garnish order? Question 4 Eastern Cape I have a case with my baby’s dad. He doesn’t want to pay the amount. I went to the court and when they asked him how much he will afford. He said “I don’t know”. Now he said he wants the lawyer and he’s complaining that I’m not giving the child where’s he knows very well that in his house they always drunk and fighting with his wife and he demand that his wife is the one who supposed to buy my child’s clothes. My question is it a must? Question 5 Gauteng I need a brief summary of citizenship law democracy and the constitution module. With regards to you and your family. Question 6 Western Cape   Hi. We have a parenting plan in place. Note that normal drop off on every alternate Sunday is at 5pm. With school holidays it’s supposed to be 50/50 so father picks up on Friday and drops the kids the following Friday. This past school holidays. Father decided the Sunday he can’t take the kids for his school week and with me pushing back. He ended up dropping kids at my workplace at 9pm on a Sunday night. Note that I was not at work and he then dropped the kids at my parent’s place at 10pm. What can I do? Question 7 Western Cape My husband left me and our baby when she was 4 months old and went overseas. Despite asking him a million times to pay maintenance he always says he doesn’t have money but is a sales director for a big hotel group in Dubai. He has not contributed a cent to our child and I recently lost my job. What is the process of getting him or forcing him legally to pay maintenance? Question 8 Western Cape Afternoon. My daughter passed away in Feb 2021. L my daughter and M were married. M was 5 and Z 5 days. M moved in with my sister where she looked after the children. After 6 months he moved in with his mom. Now we don’t see them often. I saw them last 5 November 2021 when a social worker contacted him where he told them not to speak to him but to his lawyer. He doesn’t want to meet with me and the social worker. I would love to see them once or twice a month but he refuses. Question 9 Gauteng What do we do when the father is being denied access to the child? The mother claims her family is the one controlling the situation. The grandmother of the child was the mediator the whole time and now she has passed away. What steps should we follow to make things right? Question 10 Gauteng After 22 years my husband left me for another woman. At the time he unlawfully evicted me. I didn’t know it was against the law then. I ended up giving notice as the lease was on my name just to get to my personal and the kids’ stuff. Yet he took everything. Emptied my business account. The car that was supposed to be registered in my company name he registered behind my back in his name. This all happened 2021. End of July he disappeared. Kept on telling me because I can’t give him the original marriage certificate, I’m delaying the process. I got a lawyer but after still no summons he ended up refunding me. My eldest turned 18 last year. She just got her matric results with 3 distinctions. My youngest is turning 18 in February this year. I manage to serve him for maintenance under rule 58. He basically took my clients because of his lies. I tried to get a job again in the industry I worked for years. However, he worked in the same industry. Due to his misconduct I lost my job again when the final MIE check came back. I have been unable to find a job since then. He supplied me with stock to continue with the few clients I had left. But it’s always on his terms. Leaving me basically with income when it suits him. My eldest daughter filed her own maintenance claim. As he now sees it as a privilege if he pays for her varsity. She got a full scholarship for high school because of academic and sport. She was deputy head. I managed to get the papers signed on him in a parking lot as none of us knows where he lives. After that I am completely without income. I have moved into a house close to varsity because of all the promises that was made. Now I’m stuck with even more bills. I have never denied him to see his kids yet he has seen them at most 5 hours. And then only in a mall. How do I ensure that he assist with the necessary? I have no income and the amount he pays depends on the day. I also applied for loans purely for business use. To increase stock. He took all the stock as well yet I’m now stuck with all the loans. Again. No fix income. Any advice that can help me be ready as I’m due in court on the 20th of Jan 2022. He strongly believes that he no longer needs to pay maintenance once they turn 18. As it is, he stopped the eldest pocket money as she is an adult now. Please any advice would be much appreciated. Thank you know he has the money. Question 11 Western Cape Maintenance order that I want to contest. As my ex-wife was working whilst we were married. Now that we are divorced for 3 and half years and I moved on she still living with my mother in a second dwelling as property is huge. When I got married last year September, she went ballistic as I’m not living there right now I make it my responsibility to get up at 6 am and go fetch in the morning for school when my ex leaves at 630 am or when she works from home I still do it. So i don’t have access to my child when it concerns my weekend with him. I’m blocked by him and her as his WhatsApp messages is link to her phone I have absolutely no rights in this settlement as I paid maintenance but cannot have access to my child knowing that she listening in on our conversation. This Christmas had no access she took him away with no consent as always even now never saw him since last year 23 December. Question 12 Gauteng Good day. The father of my children refuses to pay maintenance for December. I asked.