Durban Woman Demands R100,000 Maintenance From Cheating Husband

• A woman from Durban in KwaZulu-Natal applied for her estranged husband to pay R100,000 in maintenance
• The couple split after the woman discovered that he was cheating on him with her best friend, and she also demanded new furniture
• Advocate Kgalalelo Matabane spoke to Briefly News about how child maintenance is determined
• Some South Africans believed the money she demanded was too much, while others thought it was the right amount

During his four years at Daily Sun, Tebogo Mokwena, a Briefly News current affairs journalist, contributed coverage of criminal activities, investigations and court proceedings in South Africa.

DURBAN—A woman in the process of getting divorced from her husband demanded that he pay R100,000 in maintenance for their three children.

Woman divorces husband for cheating

According to IOL, the woman brought an application before the Durban High Court seeking that she be granted interim maintenance for her and their children. She initiated divorce proceedings after she found her husband cheating on her with her best friend. She also demanded that he buy her furniture worth R110,000.

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The woman said her husband is financially well-off and a surgeon at the Umhlanga Netcare Hospital. He also has business interests and owns a laparoscopic clinic. She said she left him because her husband and best friend's affair was heading towards a polygamous marriage. The husband responded that he could only afford R6,000 as he earns a little over R79,000. The judge ruled that he would pay her R55,000 for maintenance and R50,000 for new furniture.

High Court advocate speaks about child maintenance

High Court advocate Kgalalelo Matabane told Briefly News how the courts determine maintenance.

"Child maintenance is designed to ensure that children’s basic needs are met, regardless of the parents' financial situation. The maintenance is calculated based on basic needs, educational expenses, standard of living and parent's financial situation," she said.

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"School fees and reasonable costs for extra-mural activities are considered. This ensures that the child’s educational and developmental needs are met. While the standard of living that the parents provide is considered, it does not directly determine the maintenance amount. The focus is on the child's needs rather than the parents' lifestyle. The ability of each parent to contribute is also taken into account. This includes their income, expenses, and overall financial situation."

She also said that the Children’s Court and the Maintenance Court serve different functions. The Children’s Court focuses on child welfare and custody arrangements, while the Maintenance Court handles financial support issues.

"As a result, maintenance agreements included in parenting plans typically do not have the same enforceability as those established through the Maintenance Court. For a maintenance agreement to be enforceable, it usually needs to be formally approved and ordered by the Maintenance Court," she added.

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South Africans support the woman

Netizens on Facebook believed the woman was not asking for too much and thought she was justified.

JP Nhlapo said:

"If children are involved and are used to that standard of living, then there's nothing wrong with what she demands."

Given Mabuza said:

"She should also sue the best friend."

Tsitsi Gwanzura Mushaike said:

"He must give her that money. Why was he cheating with her best friend?"

Awodwa Banzie Ndukuda said:

"His wife and her friend planned all this."

Mere Bacha said:

"If that's her standard of living, then it's fair."

Woman sentenced after she was found guilty of contempt of court

In a related article, Briefly News reported that a Pretoria mother was convicted of contempt of court and sentenced to over a year of imprisonment.

The court had ordered her to allow her child to visit her father, but she failed to honour the court order.

Source: Briefly News