| A Farther's obligation with regards to maintenance of his minor children after divorce |
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In our two weekly article in conjunction with Rauch Gertenbach Attorneys we take a look at a father's obligation with regards to maintenance of the minor children after the divorce.
Where the parents of a minor child (ren) get divorced a Court Order will be made with relation to the amount of maintenance the parent, who is not the primary home provider, must pay. The parties can also agree between themselves as to what amount maintenance must be paid per month, alternatively the Court after hearing the evidence of both parties can make an order to that effect. In the circumstances where the parties have a child out of wedlock the parent who is the primary home provider may approach the Maintenance Court for an order. Parties that are divorced can also approach the Maintenance Court if they are in need of an increase in the amount of maintenance paid per month.In many instances the maintenance payer are labouring under the mistake that if the minor children are visiting him, he does not have to pay maintenance for that month, alternatively can pay reduced maintenance. But this can never be, unless the Court Order clearly stipulates an arrangement to that effect. Another common problem is the capacity of a parent who has the obligation to maintain, to meet his obligation when he enters into an second marriage. His obligation to pay maintenance is in no way effected by his second marriage. A stepfather has no legal obligation to maintain his stepson of daughter. The problem arises in the fact that the minors of the first marriage are prejudiced with the financial obligations that arise for the maintenance payer through the existence of the second marriage. The second marriage can however not be used as a defence by the maintenance payer, who has to adapt his lifestyle accordingly to ensure that none of his minor children are prejudiced herewith. Where the maintenance payer fathers child from the second marriage, this dependant is seen as an equal in as far as the maintenance obligation goes. The children from the first marriage therefore does not receive preferential rights in this regard. Parents must also remember that where a maintenance payer is not able to, or refuses to pay maintenance it does not give the custodian parent the right to withhold access to the minor child. These two aspects are not interlinked. Through this article I hope to have clarified some misunderstandings that exist from time to time. It is also important that both parents act in the best interest of the minor children, as the minor child needs the input of both his parents in his life and is there no reason for the child to be penalized by the divorce. For further information about the above article please contact VAN NIEKERK STEYN of RAUCH GERTENBACH INCORPORATED at Tel. (044) 691-2515. |