Reprinted from iol.co.za, by Sinenhlanhla Masilela – 2024-10-17
A Cape Town businessman who has been defaulting on maintenance for his three children has been ordered to pay the money or face 30 days in prison.
The order was made by the Western Cape High court after he failed to follow a previous order compelling him to pay child maintenance.
The order was made a few months after he moved out of the home he shared with the mother of his children in April 2022. The court papers didn’t explain whether the former couple was married.
In November 2022, an interim order was made that he should pay R60,000 monthly maintenance, pay the children’s medical aid and medical expenses, pay the children’s educational expenses and pay the rental due and the utilities account in respect of his former family home.
His former partner sought relief at the high court after he continuously paid R22,500 maintenance and also neglected other responsibilities.
In her application, she said the father’s failure to pay rental placed her and their children at risk of being evicted.
She said he also neglected aftercare fees which has in turn resulted into the children no longer attending aftercare. She argued that this was not in their best interests because she relied on services provided by the aftercare to assist in taking care of the children due to their demanding schedule.
She added that their twins, who struggle with school, were at risk of being held back if they did not receive proper educational support, hence she needed assistance provided at aftercare.
To further support her case, she stated that the father was a wealthy businessman in the mining industry with various business interests whilst she was a homemaker.
She said when they were still together, he spent at least R112,000 for maintenance but reduced it to R 22,500 following their separation.
In his reply, the man said in February 2024, his business interests started dwindling which made it impossible for him to comply with the order.
He said he filed an urgent application in April 2024 for a variation of his maintenance obligations.
Acting judge Rehana Khan Parker who heard the matter, said looking at the history of the litigation, it shows that the father has been dissatisfied with the order since it was granted November 2022 because he made various attempts to shirk his obligations and yet he failed to bring an application for variation timeously.
She added that he also made an application at the maintenance court in March 2023 where he wanted to significantly reduce his maintenance obligations without mentioning any changes in his financial circumstances.
Judge Parker said his reasoning for reduced child maintenance dwells more on the circumstances in which the order was granted, not on the changes of his financial circumstances.
“I therefore cannot accept his change in financial circumstances being reliable,” said the judge.
“Despite alleging a change in his financial position in February 2024, which he allegedly had knowledge of since December 2023, the respondent (father) did not initially seek a variation of the order but only did so when the applicant (mother) proceeded with contempt proceedings,” added the judge.
Jugde Parker further added that the must demonstrate a significant change in circumstances rendering him unable to comply with the court order and he must make full financial disclosure.
The judge said he was forced to comply with the order handed in November 2022 or face 30 days in prison which he will serve on weekends from Friday 5pm until Monday 6am.
She said the father’s application for a variation can only be heard when he rectifies his contempt of court.
He was also ordered to pay costs of the application.
Seek the advice of an excellent divorce lawyer for any maintenance queries
SD Law is a firm of experienced divorce attorneys based in Cape Town, with offices in Johannesburg and Durban. Family lawyers deal with much more than just divorce and custody. If you have concerns over your maintenance agreement or problems with a maintenance order in arrears, call family lawyer Simon Dippenaar on 086 099 5146 or email sdippenaar@sdlaw.co.za for a confidential discussion.
Further reading:
- Not paying maintenance? Your pension fund may be targeted.
- Father risks jail time for failing to pay maintenance
Divorce Attorney Cape Town
http://divorceattorneycapetown.co.za/The information on this website is provided to assist the reader with a general understanding of the law. While we believe the information to be factually accurate, and have taken care in our preparation of these pages, these articles cannot and do not take individual circumstances into account and are not a substitute for personal legal advice. If you have a legal matter that concerns you, please consult a qualified attorney. Simon Dippenaar & Associates takes no responsibility for any action you may take as a result of reading the information contained herein (or the consequences thereof), in the absence of professional legal advice.