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Thread: Child Maintenance advice

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    Junior Member HopeOnline's Avatar
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    Question Child Maintenance advice

    One of my friends needs advice:

    "hi I need some advise, my husband divorced his first wife, he has two kids with her (both 8 years old), they stay by her but she is never home and leaves them with granny, she says in the house and he pays her rent to keep the kids safe and close to him and his parents. he pays the school fees, medical aid, R3000 maintenance, all clothes and school clothes, any extra bills, but she will not give up. we can't get through financaily. she works but will not pay towards anything, she threatens him with court perminatly. I would like to know is it better to let her take him to court and then fight to decrease maintenance or for him to take her to court first to decrease maintenance."

    Can anyone assist with some advice please
    After advice has been given would it be possible for the moderator to please delete it.

    Thank You

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    Difficult one this ...... morally and legally.

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    I'm no legal expect, but i think he must put an end to this madness
    Firstly, the kids are both theirs, so she must also contribute to the expenses...that is half of all the kids maintence or living expenses
    she is working, so he must get a good lawyer to get her to pay up as well.

    Maybe first point to consider is how did they agree on the current arrangement? Was it on their divorce settlement and endorsed by court? or was it him being "reasonable" at the time?

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    Platinum Member sterne.law@gmail.com's Avatar
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    Maintenance is calculated based on the following:
    1) the needs of, in this case, the children and
    2) the ability of the payer to pay

    It is not a given that one spouse must pay everything, the load should be shared in proportion to the ability of each person. (in a simple world, if a child needs R1000 per month and husband has R3000 disposable and ex wife R1000 disposable income, then the husband should pay R750 and the wife R250)

    You can have the maintenance amount decreased. This revolves around calculations.
    Whilst the children's welfare is important the payer also has rights and obligations. Overburdened payments could indirectly prevent a person having further children.
    Anthony Sterne

    www.acumenholdings.co.za
    DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.

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    Site Caretaker Dave A's Avatar
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    Quote Originally Posted by sterne.law@gmail.com View Post
    Whilst the children's welfare is important the payer also has rights and obligations. Overburdened payments could indirectly prevent a person having further children.
    Assuming the presence of "responsible adults", of course.
    The trouble with opportunity is it normally comes dressed up as work.

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