Question posted in the Family Law category relating to Western Cape
Child Maintance arrears
Divorced since 2012. Maintainance order (2013) states father is to pay an amount of R5000 per month to be increased by amount equal to CPIX on an annual basis. Father to pay all medical expenses. Payment of R5000pm is being paid by father and he is not defaulting but has refused to pay any increases other than R500 pm as of November 2021. Father pays R1000 towards medical aid.
I (mother of child 14 yrs) moved to Cape Town in Jan 2021 due to a job offer after 12 months of uynemployment. I am assisted financially when possible by my pensioned mother. My daughter and I lived with my mom in PE until Jauary 2021. The only school I could enrol my daughter at is an Independant school and fees are thus higher than those of a government school (now R8120pm). Rental is R16000 pm. Once food, transport, extra school cost, utilities etc are taken into account, my salary does not cover all of my daughters expenses.
Fathers contribution to medical aid does not include any medical expenses. My daughter is going to require dental work not covered by the medical aid which I cannot cover.
Father resides in Johannesburg and is in contact with the child and pays for flights to Johannesburg bi-annually. He did assist with money for a school camp last year. He is definitely not a deadbeat dad. He is just refusing to increase the maintenance amount.
My question is twofold:
- Can I get a court order increasing maintainance and where do I go? I cannot afford an attorney which is why I haven't pursued the issue.
- Can I get a partial claim for arrears? I really do not want to break him financially, however I have been carrying the full financial burden for 11 years and need help. My mom can no longer afford to assist me financially.
I would appreciate any advice you could give me.