Maintanance on child and debt
My divorce date is now the 5th of febuary
For past two years of the divorce time I have been paying Child support out of my own will My ex and my daughter are on medical aid I (discovery) My ex was the first one that moved out of the house.
I gave her all the furniture so that she don’t have to start over. We are under debt review and married in community of property. I have been paying all the debt including hers for the past two years. Only thing I kept is the motor car that is still financed through mfc.
My daughter just started school now, so im paying maintenance and school fees and she has a policy with liberty and shes on medical aid. Now My ex wants me to still pay the full amount of maintenance plus the school fees. Now I cant do both so I said whatever is extra on what I can pay I need to deduct off the maintenance amount as there is no court order that defines this.
I told her I can only afford so much but she booked our child in a very expensive school and did not want to consider other schools.
Because my divorce date is now 5th of feb I took my wife off my medical aid as there is proof that she misused the maid in such a way that there was no funds left for my daughter and me. And thats the reason i took her off.
Now question: even though im paying school fees maintenance a policy for the child plus medical aid for her and paying my ex debt how will the high court see this? Do I have a good chance to see my daughter more often? Will I need to pay more as my net is about R18 000 per month
Heres a break down:
Net R18 000
Debt R7050 including hers
Policy R817 Child
Maintanance R1375 it was R2600 but due to school i cant afford more
School R1725 for Child
Water and lights R1400
Lawyer R1300 Still owe him he said i can pay off each month
It leaves me with R3114 left for the whole month food etc…. and i see my daughter every second weekend that is not enough but ja
And fyi she works as well but her salary is R7000-00
Hello Michael. It’s a tough financial situation. Hope you pull through. The courts are always guided by the principle of fairness and will not burden you unnecessarily if the facts are placed by your divorce lawyer in front of the Judge. The issues raised can be discussed with a Family Advocate at the High Court before the divorce date. They are government appointed and offer a free service to thrash out the issues you have raised, with a report to the court.
Access to your child is a right and the courts will often grant at least a weekly right to see your child. The courts also encourage joint custody of the child since it is in the best interest of the child that both parents are actively involved in her upbringing.
Ultimately it is the responsibility of both parents to support the child, not yours alone. One party cannot be overburdened. If you cannot afford an unreasonable demand, you will not compelled to.
I will suggest that your lawyer negotiates a settlement agreement you are comfortable with. Otherwise he will have to present your financial predicament to the court for the Judge to reach a just decision.