Asked by the Customer on 14-10-2019 13:51:24
Question posted in the Family Law category relating to Western Cape
Good Day,
My parents are married and have recently got a maintenance order in place for my baby sister and spousal maintenance for my mom. My mom is unemployed and my dad is permanently employed. My sister and myself are self supporting.
My parents saw a maitenance clerk who granted the order but no paperwork was presented on the day. Thus, the clerk ordered maitenance amounts based soley on what my dad said he can afford. My dad does not buy monthly groceries and subtracts whatever money he gives my baby sister from the maintenance. Thus, my mom must see to groceries, toiletries, school uniforms, clothes and entertainment etc from the R2700 maintenance he gives (R1500 for the child & R1200 for the spouse). My dad thus, benefits from the maintenance he gives as he expects food everyday and his washing to be washed even though our washing machine is broken.
My sister and myself also contribute to the household by buying food and seeing to my mom and baby sister needs. I have a child of my own which I also support.
I would like to know if my dad can do this? Is he allowed to benefit from the maintenance he pays? What can my mom do to make sure the correct procedure was followed?
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