Western Cape Court Rules That Maintenance Order Was Incorrectly Calculated, Slashes It to Half
- The Western Cape High Court overturned a previous maintenance ruling, which ordered a father to pay maintenance beyond his affordability
- The court drastically reduced the maintenance the father was ordered to pay after determining that he was paying too much
- The ruling came after the father appealed the initial court ruling, and the mother opposed the application
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.
Source: Getty Images
CAPE TOWN, WESTERN CAPE — The High Court in the Western Cape ruled that a father was paying more for maintenance than he was supposed to pay. The court slashed the maintenance by more than 50%.
According to IOL, the father, who earned a relatively low income, appealed a court ruling granted by the Cape Town Magistrates Court in June 2024. The court ordered that he pay R4,250 monthly, which rose to R7,500 in December that year. He was also ordered to cover 50% of expenses initially, including school uniforms, stationery, and medical costs.
High Court overturns Magistrates Court order
The High Court discovered that the magistrate overstated the grocery costs and did not justify how the child’s share was calculated. The calculations also included transport costs despite the school the child attends being within walking distance. The mother’s car instalment was attributed to the child, even though the child mostly walked to school. Expenses, including stationery and medication, were duplicated. The court also erroneously calculated the dad’s income to R34,000 because of the sale of a car, which the court treated as an increase in income.
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How much must the dad pay?
The High Court ruled that the father, who earns R13,480 per month, must contribute 25% to the child’s general expenses. He will pay R2,000 per month from 1 March 2026, 25% of the school fees directly to the school, and pay 50% of the school uniform, stationery, and education costs.
Source: Getty Images
South Africans react
Netizens were amused by the ruling and the significant reduction in maintenance fees.
Edmond Makwela was entertained.
“This normally happens when bo chommie say “Go add more money, my friend”. Then, boom! You’ve done yourself a disservice.”
Bhuti Wakwa Sokombela asked:
“Are they going to refund the father the money now?”
Pierre Van Rensburg was not impressed with the courts.
“14 months to have a variation of an order costing me hundreds of thousands of rands. The entire family court system is an absolute mess; it is generally the fathers who suffer and battle through this.”
Matome Mathekga said:
“Women always make unrealistic maintenance demands, largely driven by anger and the need for revenge. In most cases, even those needs are not necessary.”
Callan Karamitas could relate.
“Yes. I found out that I was being defrauded for years. I was paying double what my son’s actual expenses were, so when I started paying the actual expenses and paying the creche directly, she threw a hissy fit, and now she wants to add R4,000 with nothing to base it on.”
3 Briefly News articles about maintenance
- A legal expert advised a woman whose ex-husband earned over R86,000 but refused to pay child maintenance. The expert said that the woman must demonstrate that the amount she needs is necessary for their children’s needs.
- A woman from Durban, KwaZulu-Natal, demanded R100,000 from her cheating husband. The woman initiated divorce proceedings after she found him cheating on her with her best friend.
- Musician Lebo M accused veteran sports broadcaster Robert Marawa of not paying child maintenance for the child he has with actress Zoe Mthiyane. Marawa denied the allegation and accused Lebo M of bidding for attention.
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Source: Briefly News
