Basic Divorce Guide for all courts in South Africa

I have a daughter who is 3 years old. I’m having a problem the father of my daughter doesn’t support the baby every month he only deposit the money when he want. I am afraid he can leave South Africa without support her. He is from Swaziland.

We advise that you approach the Maintenance Court in our area as soon as possible.

I have been paying my maintenance ( avoiding more blackmail) since birth though not in time but never skipped a month for the past 05yrs.

My name is Jenny.I have two kids(boys)their father was supporting them even if it was not enough for both of them then we broke up,now he is married to another women then he stopped to pay for the kids last moth I applied for the maintenance and he just got the letter today

We don’t advise you to take his advise. Trust the court system. Ensure that you have proof of all expenses.

I am a father of 5 (4 different mothers). I contribute roughly R3k (All-Incl) each for all my kids.

She disregarded my gym expenses and labeled them unnecessary. I also support my sick mother who lives alone in KZN and has Arthritis, BP and Diabetes. Please advise…

Good evening. The Maintenace Court should be able to assist you with this. They should advise you on what type of service of the subpoena the court requires.

If the matter cannot be mediated and/or is urgent, we advise you to approach a lawyer and obtain a court order that the children reside with you. Feel free to call us on 0214243487 should you require a legal advice consultation on this issue.

then I sayd will do DNA tests to see the baby its mine or not.she agreed..again I got another sms telling me I should involve my family and I should give her R500 each month..

If the test is positive, the maintenance process will proceed. If you are not the father then, the case will not go ahead. If you are the father, then the court would want you to pay a fair amount. Both parents must provide proof of income and expenses.

I would advise that you keep a schedule of your income and expenses and also a schedule of your history of payment. Show it to the maintenance court.,2027,

Hi My Name Is Tanya My Bf Has 7yrs Old Twins Boy and girl The Twins Where Living With Us While He Was Working At His Previous Job.

Hey my name is Khumo I recently got married and my husband has a children outside our marriage and supports all of them (all three) so the mother of the first child doesn’t want to support her child and insists my husband ( the father) to do all the maintaining of the child and that the child doesn’t stay with the mother but the grandparents so she took us to maintenance court because she doesn’t want to support her child.

1. im mohamed. my wife left home with baby. I want baby to live with me and have no issues with wife not having to provide as I can provide. However the wife wouldnt want this. however the wife has approached the maintenance court for maintenance. Is there a way or can the maintenance court accept my decision?

Hi, I am also experiencing the same problem, my court date is tomorrow, and the summons was not served to the father of my children. his parents didn’t want to sign on his behalf as he is far from were we staying, so I don’t know what will happened tomorrow when he doesn’t pitch up. but I made a sworn affidavit to the police same day to provide to court as evidence.

Good day. I have a child with a married business man who drives in luxurious cars and owns several properties, but every time I approach him with child maintenance he claims that he’s broke and if I take him to court he will pay R300 for the child coz he’s not working.

We cannot predict what the final decision of the court would be. The other parent would also have a say. If you feel it is reasonable, then you should proceed.

I would like to ask, I have been divorced for 4 years with court order and settlement agreement in place.

Now , it has been fear that has stopped me previously on the risk that he might get away with a low amount and that my kids would suffer.

Now my ex has never made the full payment amount as agreed, but I made do with amount given. as it is an amount, plus he makes bond payment (which he has now also stopped)and i cover debt that accumulated within marriage.( i am still paying this amount)

The Order stands and he should pay in terms of it. If he cannot afford, then he should apply to the court for a reduction. Our advice is that you lay a complaint for failure to comply with the Order. As we cannot predict the outcome, we feel that it is the right thing to do, considering all the facts mentioned.

As long as he is the biological father, he would have certain rights, although it may be minimal or limited. One cannot sign away parental rights. A court of law can, however, take it away. You would then have to approach the court.

Hi, my father is on debt review. He pays a relatively small amount of maintenance for my brother and I but recently moved into a new apartment and is always buying himself new shoes and sport equipment. He works on the mine and gets quite big bonuses every few months. He never wants to pay even a small extra amount for clothing or snacks etc even though he is financially able. What does it cost for maintenance court and how long does it normally take until they make a decision?

The law allows you to claim from his retirement. We can so no reason based on the information provided why the magistrate should not order the fund to pay you the arrears.

This is what I’m facing below, I don’t remember having an agreement with the COURT during the case

Can the summons just be left in the post box. I found one there two days before the court date.  I am always at my home and there is no way I would have refused anyone entry. Lawyer says it is allowable.  I don’t think that is fair.

We agree you should have an equal say in the decisions that affect the children.

The court would have to make a fair maintenance award. We advise you approach the court and present all the facts and evidence and they would decide what is fair.

It is possible. The amount and period for which you may claim would depend on the facts of the case. We strongly advise you see an attorney on this issue.

Already at hand i am supporting 3 families, i cant even afford to buy myself a jean at time, my girlfriend has created a file with all the expenses for my child that we spend per month, etc will this work on my favour, i have also taken her to childs court because she refuses that i see my daughter, i have filed a protection order for her, she undressed my daughter in the street & left her by my gate wearing panty only.

Hi what if the father of my child keeps going abroad? And cannot be served with me court date? Will my case have to be dismissed.

Hi i have a 5 years old baby boy and I am still studying and the father of my son doesn’t want to help me with our son school fees ,transport and speech therapist fees and my son has speech problem which he see a doctor for….my question is should I go with the papers that shows that my son has speech problem to maintenance court.

 Please advise why is that the mother has to be primary caregiver and not the father,why is it that the gets preference?

Hi i have 14 boy son with my ex girlfreind but now  i am married i havee been supporting my child since he was bornbut now his mother demand R2000for mintanance i have 3 kids  to take off i only getting 6800 a month i also heve 3 tree children to look after she also have 5 months old babe which is not mine petrol to go to work support my family as i am the only one workingassist me qith any advice.