Asked by Craig on 19-01-2022 07:50:10
Question posted in the Family Law category relating to Western Cape
Hi,My question is about child maintenance.
My 2 kids stay with me weekends (from Friday to Monday), public holidays and school holidays. I provide them with what they need when they need it including school fees. Is it necessary for me to still pay maintenance?
Answer to the Question
Posted by Att. Patrick on 06-02-2022 22:47:13
Hi there,
I see that you haven't made a payment for the question, but I'm going to assist you a little. If you want to ask a follow-up question, please make the required payment, even if it is R150 or R200.
Yes, unfortunately, you are required to maintain your kids. If they lived with you for exactly 50% of the time, and assuming that you and your ex-wife earn the same, then you shouldn't pay maintenance at all, assuming that both parties were paying 50% of schooling, food, clothes, etc.
But if you guys earn differently, and because they are only with you 3 nights and their mom for 4 nights, and because schooling and clothes need to be taken into account, you might still need to pay some maintenance - but it can't be all that much.
Att. Patrick
Please remember this is a dialog if you have follow-up questions please make the required deposit, then use the REPLY button and ask your further question. I would like to continue assisting you, but I need to concentrate on people who make deposits for their questions - they get serviced first!
If you would like to view the entire answer, you will need to either login or register a FREE account.
Disclaimer
DISCLAIMER: Advice or answers from Lawyers on SA Legal Advice are not substitutes for the proper advice of an Lawyer. SA Legal Advice is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Lawyer who assists with your question is not your Lawyer, and the response above is not to be considered to be legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from individual Lawyers, not SA Legal Advice. The site and services are provided “as is”. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.