Parenting

New Law… Not Paying Your Child Maintenance?

new law - not paying your child maintenace I know I am supposed to be on a break, but this is such an important issue in South Africa (and all over the world really). Al tough it is not something that affects me directly, I know so many single moms and dads struggling to get by with absolutely no support.
One of nine million children in South Africa grow up with a father or mother, who although alive, is absent from their lives.

 

That’s over a sixth of the country’s population, and just under half of all children.

The struggle for child support money is shared by millions of single parents trying to raise children their ex-partners abandoned. I am not sure why, as the system is relatively fair… Before ordering maintenance payments, the court investigates what a child’s financial needs are, and how much the absent parent can afford to contribute. The maintenance amount will not be more than the parent can pay, and if his or her financial circumstances change, the court can change the order accordingly. So in retrospect, these people are not unable to pay their maintenance –they are simply unwilling. That makes you a special kind of asshole.

 

The National Assembly has passed a new law that will see parents who default on child maintenance blacklisted and blocked from getting credit while owing maintenance.

 

According to the new bill:

 

 A beneficiary will be able to claim maintenance where they work and not only where they live, which is the current situation. This would make it easier for beneficiaries to go to the maintenance court during working hours.

 

 If the person from whom the maintenance is sought can’t be traced, the court can grant an order directing electronic communication service providers [cellphone service providers] to give the court contact information of the person who may be affected by the order of the maintenance. This direction may only be used if the court is satisfied that all reasonable efforts to locate the person in question have failed.

 

 There is a duty being put on maintenance courts to complete their enquiries as speedily as possible. This provision is for interim orders for maintenance pending the finalization of the matter.

 

 Another provision is that the views of the person who is obliged to pay maintenance must be sought.

 

 If a person has defaulted on paying maintenance, their personal details would be submitted to the credit bureau. This would prevent maintenance defaulters from continuing to receive credit while owing maintenance.

 

There has been so much feedback regarding this, some of it very negative. To pay for the maintenance of a child one had a part in bringing into this world is to acknowledge that child’s right to a decent life. Whether you want the kid or not, be responsible for your actions. They are innocent in all of this – you are not.

 

What do you think about this new law? Do you pay child maintenance? Are you in a situation where the father or mother is refusing to help you support your child? I would love to hear your opinion, please comment below!

See our FAQ awnsered..

84 thoughts on “New Law… Not Paying Your Child Maintenance?

    1. Hi Claudette, I am not an expert in this matter at all – but according to the government websites..
      If a parent does not pay, the other parent can do the following:

      Lay a formal complaint at the maintenance office.
      Take along records of payment and non-payment as it shows how much is owed.
      Ask the court to get the maintenance directly from their employer.
      The court grants permission to the defaulting parent to explain why they did not pay. However, without a good reason the parent will either need to pay all the outstanding maintenance or they will go to jail.

  1. My problem is that my soon – to – be ex has not worked for two years. We have been separated in all that time and I am supporting my kids with the help of my parents. They are now struggling and I am trying to get more design work (I run a desktop publishing business from home). According to all the info I have found there is nothing I can do. I am now looking at the option of applying for a child support grant….it’s really crappy.

    1. That is really crappy 🙁 if he does not have a job/income he cannot afford/ can prove that he cannot afford child support, so I doubt you can do anything. It’s not a nice situation to be in, maybe you should go to the maintenance court to see what options you have?

  2. My grandson has been in foster care with me since birth as my daughter has a personality disorder and cannot raise him and the father is unknown. To what extent is my daughter’s father liable to contribute financially? My daughter is unemployed and cannot hold down a job due to her condition, placing the burden of providing for my grandson solely on me.

    1. Hi Elmarie, I highly recommend that you go speak to someone at the maintenance court. I’m bot sure how it would work in your situation as I really am no expert in this field

  3. The father of my two children say he hasn’t got a job. And that’s his reason not paying maintenance.. I live with my parents and work for them to help send my children to school and to get food.. But they keep thinking they have rights just cause he is a sperm father but doesn’t do what a father should be doing. It’s very hard doing everything but I do it for them and I only happy to bring them up on my own.

  4. Man, it would be awesome to recover 7 years worth of maintenance.

    I think it is great that they have passed a new law, but in all seriousness – I don’t think it will have a massive impact – how will they enforce it? The administration involved in managing something like that is huge and honestly, going to the maintenance court and spending hours on end waiting in queues as it is, is a joke.

    Another question – how many of the non-paying fathers really have a good credit record as it is?

    I think it is a great idea and definitely something to work towards!

  5. I have had a 3 year struggle to get the maintenance court to do something about my ex not paying any maintenance. They have taken so long that on paper he has been able to show he has nothing. They are incompetent beyond words. The system has let me down. Concerning the new law, as far as I’m concerned a parent who doesn’t pay maintenance is more than likely blacklisted already or doesn’t really care about being blacklisted . So I don’t think it’s going to help!

    X

  6. hi I’m a mother of a 1 year old daughter,I met the father of the baby in mpumalanga province but my home town is in KwazuluNatal.I moved back home after separating with the father.He last gave me money for the child in March.I supporting my child with piece jobs that I get and with the support from my family .I would like to know how can I make it possible for him to pay maintenance in this distance and how long will be the procedure.can I use his family relatives address as his address if I’m not sure of his own?I went to do background check at the police station child maintenance office inmpumalanga if his earning any income and it showed he was in a private sector (works) and could I think he could be a shareholder there because when we were together he was planning to start a business (not sure though) plz help I’m really struggling without support from him.

  7. With my experience maintenance investigators and prosecutors are corrupt.You don’t have an attorney your case will not be heard they work together and they are being bribed by the fathers who don’t want to support their children.

  8. My daughter is 8 years old, for the first 2 years of her life,me and her father have been in an on and off relationship. For the 8 years, the longest that he worked were between 1 and a half years to 2 years. Since she was born every year he would pay only 3 or 4 months,he never paid a full year. Since the age of 1 until the age of 4 he paid R300 a month. Then he started paying R500 because I went to court, but also just on and off. When she started school he had a good job that paid well, so for a couple of month he paid R650 after a year working there,he quit his job, so I got nothing for 6 months,he then got a job again,worked only a month then quit again. Throughout the years he s been in arrears, but for the latest, he hasn’t been giving anything since May 2015 until now. He has 3 children by different woman and he is supporting the other two, what do I do? Can I do something about the arrears

  9. I’m a 34 year old single mom. Been raising my 6 year old daughter financially and physically alone. Father was in jail for 4years 9months. He’s out now on parole. Never contributed a 5c towards her upbringing. And to make things worst, his family, mother included, spoils him to the ground. Wears the most expensive shoes and clothes, they told me straight, my child is not they responsibility. I’m waiting on to go to court, because this is totally unfair. Or am I unreasonable here?
    Is it not his parents responsibility to help me if he doesn’t work

  10. Hi, I want to take the father of my kids to maintenance but he is not cooperative when it comes to giving me his address, even his relative that I know could not give me his address, what must I do in that situation? Can maintenance court still help me?

    1. Hi Jael – I am no legal expert, but I will try get someone that can answer all the questions on this post soon xx

  11. I have been divorced for 4 years, my ex paid maintenace 3 times, always claim to be unemployed. I have been back to court, but they cannot trace an employer so it was left at that. he now moved to the usa, still not paying maintenance but always demanding to have contact with his child. i have now cut him off as he refused to pay for the data use. so, not only does he not contribute a cent to his child’s upbringing, he expect me to pay so he can have contact with his child as well! i feel so helpless, short every month and struggling to give my child the basics while her father have a nice life in the usa.

  12. Ifeel great about this new law is high time that the law fight for us as women ihope this law will help indeed

  13. Hi, I’m 27 years old I stay with my mom and my sisters 3 kids. She and her husband separated and none of them is taking full responsibility for the kids they relying on my mom’s government pension fund. They never eve make time for these children, they shift blame and dodge us whenever we try to make them see reason. Both of them are employed, but they’re now non existent in their lives. The dad would give them 20 bucks to buy sweets and that’s about it, the mom on the other hand is busy with her new boyfriend and always gives an excuse. What should I do, where should I go?

  14. hi there,
    my ex owes me now close to R 30 000-00 in child maintenance. He is in arrears already and hasn’t deposited this months maintenance as yet which he was supposed to do by the 7th of each month. i have already a garnishee order against his salary. he has been also paying less each month and not the agreed amount. I went to court last month and was told by the maintenance officer, after i told him that i refuse to come in again and fill in more paperwork as my file is already thick and it’s a waste, to fill out an affidavit stating the above and he said that the now a section 31 will be implemented and they will inform me if i need to appear in court to testify. I have heard nothing thus far and now this month no maintenance has been deposited. he has not bought a christmas or birthday gift for his child in the last 4 years, hes working and just got promoted and the last investigation by the maintenance investigator proved fruitless as he could not pick up any of his banking details. strange! can i now have an arrest warrant issued tomorrow, or must i contact the maintenance officer again? i need some urgent advice. thank you.

  15. I agree with the new law, but my ex is not bothered about being blacklisted as he doesn’t even pay his debt. Every one says I must take him back to court but I have no idee where he lives as he says he lives in his car and can’t find a job. Just don’t know what to do?

  16. If the father left his job for no reason can he be forced to go look for a job by court and pay maintenance for his child

  17. Yes the father of my child isn’t giving me money to raise our baby ,he is working at a restaurant

  18. So I’m a male. And busy with a very bad devorce. My wife is claiming maintenance from me. Its really not that I do not want to pay. But I’m on pension and due to her being employed until a month or so ago. She quit her job before the devorce proceedings started. We are over indebted by far as is. The only way to even give her a sent is to live on the street. Dept counciling is not an option as we can not aford it (way in dept) we do not really have any opinions open. I was not the one who asked for the devorce. What or how do I get her (court ) to see the issue.

  19. I have a problem with the father of my son who is 8months old and never received anything from his father.so i want to knw if i can claim for the past 8 months he didnt contribute to the child when i apply for maintenance

  20. I am a single mother and had a court order put in place in 2009 .
    My ex has promised to pay on numerous occasions and has either paid pittens or nothing at all .
    He lives a life on an estate and on occasion flys down from Pretoria to Durban to visit our son .
    He has been in and out of work and uses this as an excuse .
    He’s partner is well off and he tells me he does not contribute financially to their home .
    I have been back and fourth to the maintenance courts and they do not help in any way .
    His non payment has cause many relationships of mine to fail as it puts financial stress on my partner to pay his school fees and living expenses .
    I work and try run a small business on the side to try make ends meet but my business has been very quiet this year and I’m struggling to pay the bills .
    He threatens me about his visitation rights but does not pay for his son in any way .
    I am at the end of my patience with him but am unable to afford a lawyer so I can not do anything about it .
    I don’t know what to do anymore cause he has rights but my son and I don’t seem to have rights .
    What do I do to sort this out ?

  21. hi can u pay for children out of wedlock maintanance when they are as old as 20yrs and 21yrs ols and the other one has two children plz help me im desperate and im married so they want mai ntanance from my husband

  22. hi I would like to know what are my options because I have a court order in place but he deposits whatever he feels like and now his parents refuse to give me his new contact details

  23. My ex pays when he wants to and gives what he wants. The maintenance court has been of no help to me at all. Been going in and out for almost 2 years now and nothing seems to be done. I’m tired already. If there is anything else I can do about it please let me know as I am working my ass off for my boys and things are expensive.

  24. Hi
    A father of our son broke up with me and he said he don’t want to hear from me,he said he hate me and our son ,he said he will never help me to support our son, what can I do to make him support our c

  25. My cousin’s dad doesn’t come to his maintenance court appointment, what will happen to him? How many chances they give to him to come?

  26. my ex evicted us from our property me and his four children and is owing 180 000 is refusing to pay for maintanannce and as i write my 16YRS OLD DAUGHTER DOESNT WANT TO GO SCHOOL SLEEPS AROUND AND WALKING AROUND IN THE AM WITH MINI SKIRTS AND BRAS I DO NOT KNOW WHAT TO DO EVEN THE POLICE CANT HELP THEY JUST MAKE A JOKE OUT OF MY SITUATION

  27. I just need to find out something. Me and my son’s father separated in 2007 when he was 2 years old. I did sue him for child support then for R2500 per month. He stopped paying and
    I’ve never hear from him since then until 2012. Meantime I got married and my husband and I change my son’s surname to ours. from 2012 my son’s real father kept in touched with my mother. 2 weeks ago my son told me that he want to meet his real dad and I’ve arrange the meeting this past Saturday. It seems like they will be okay with each other. My question is: Can I sue the father for unpaid maintenance since 2007 up to today?

  28. i have a two months old child and his dad is not paying maintanance and have’t seen the child yet and we also have a 7 years old son who is staying with him, we broke up while i was pregnant with our second child on december 2015 and we are not on speaking terms when i text him he ignores my text and calls and i also want to take my son to come and live with me next year, what steps can i take to avoid us from being enemies because i want him to be involved in our childrens life not only financially but i want him to be involved in every way,,,help

  29. Father of my two children he don’t want maintain he say he not working he buy things for girlfriend I think his parents they have to pay maintaince cause they manage to buy for girlfriend of they son

  30. My ex don’t wanna support his child anymore,I’m the one whose responsible for everything he need while I’m not working

  31. Hi there! the father of my two children is no longer taking any of my call even if I try to SMS him he is not responding so the problem is that I’m staying with his parent and not maintaining me and the two children the money he send is for the sick children plz help me with the solution coz I’m thinking of taking him to the maintance offices.he having a good job but struggling to support us.what must I do plz help me .

  32. Unfortunately the law doesn’t always protect us . I have three children and an ex husband who earns more than me but he pleads poverty and is the most accomplished liar. I went to maintenance court with all the documentation the courts requested – originals etc. A garnishee order was served , but only after he dodged the sheriff of the court and after his work denied his employment. I begged the department of justice and child maintenance to investigate. He applied to have a recission of the order based on a case law – Louw versus Louw . He came to court with an attorney full of charm and the order was withdrawn. The arrears after five years are hundreds of thousands and he just pays what we wants and when he wants and in over five years has never complied to the maintenance order but the courts don’t enforce it. He drinks, he smokes, he eats out almost daily and I have only ever asked for him to at least just share the costs of three children in terms of basic needs, education and medical. It isn’t about him or myself but three children that deserve to have at least their priorities met. I am beyond heartbroken, that the law doesn’t protect our children. He can bring his hot shot lawyer and the paper the maintenance order was written on means nothing. The law may be in our favour but it doesn’t help if no one upholds the law and the justice system do nothing to enforce the law and punish those who do not adhere to it. Very sad and demotivating.

  33. I’m 26,and I was receiving the maintenance.but my father stopped paying when I was 20,so I don’t know if I have a right to take legal actions.and the worst is he’s now on “package”he didn’t give me any cent, is this right?

  34. Hi.
    I am a father of 3 and divorced. I would like to know, I pay my maintenance to their mother where they live, but what happens if she does not obey to the maintenance order? I must do my part in paying the maintenance directly into her account. then out of the maintenance she must pay the school fees and make sure they have food etc. now the school gave me a letter stating that the school fees has not been paid for more than 2 years. if the father does not pay the maintenance, they can lock him up, but what happens to the mother that does not obey the order and spend the maintenance money on other stuff than the order is stating?????

  35. Evening dear Sir/Madam
    I would like to ask something about maintance,me and the baby daddy went separate ways and now his giving me a problem not to say he doesn’t support the child but what pisses me off is every month I must run behind his back to bring the child things as if he don’t know that he must bring them and the next thing he won’t buy everything in full its now the 26 and he got paid on the on Friday night but still he hasn’t brought baby things,is it possible to arrest him for maintance?

  36. Hi
    What happens when the ex boyfriend is paying maintenance, but cannot afford the high maintenance, everything was decided among themselves?
    Now it’s damages his profile as he cannot pay his own accounts

  37. Hi I need an advice,well my child father is not supporting our child and early this year I had to take out the child from a good school because he was refusing to pay stationery fee of which it was R300 and and by that time I was not working and he told me that other girls at my age can maintain their kids without bothering their children’s father then I responded by saying in that case I don’t need your money.So now when he is told to support the child by his mother he says I told him that I don’t need his money.then I told him to send me money to buy clothes for the child and he said he want to buy the clothes him self then I said in that case let us both go buy clothes for the child together he refused and said he want to buy them with his current girlfriend then I said I’m the mother of this child no women will buy my child’s clothes.And for my family he never paid damages when I got pregnant and my family values culture,they allow him to come and see the child but not to take her away with him as we never trust any woman of his with the child and there are so many stories about children being killed or abused by their step mothers and he never did good by my family and I believe that is under customary law.all he does is sending me long messages throwing insults and telling me that I’m a bad mother and that I will fail raising the child alone of which he doesn’t meet me half way,so my question is does the court allows monitored visiting ?as I do not trust the women he is with,i want to apply for child maintenance.the child is 4years and every time she visits his family she come back sick.

  38. I just want to know what happens if you find out through a paternity test that the child you have been paying maintenance for is not your child, will you still pay for that childs maintenance

  39. i went to maintanance court for the past 19 yrs and still my case does not have a way forward when i was hoping the case goes somewhere after there was a money attached from Liberty i am told my file dissappeared i have been waiting for this money for the past 3 yrs.

  40. Hi I am Nomthandazo. My dad doesn’t care about me. He only care about his last born so much. He did everything for her. He doesn’t able to see that I don’t have even clothes,shoes what’s about an underwear. I want him to care for me. Give me money each and every time..His salary is about 1789-1900 every Friday.. What must I do!!

  41. The father of my grandchild is retrenched so how can my daugther get him to pay maintenance he paid from 2013 and for the last 2 months not full and last month nothing so what can she do

    1. Hi Charmaine – if he doesn’t have an income, how is he supposed to pay maintenance? If the roles were reversed and your daughter had to pay maintenance and had no money come in – what would you tell her to do?

  42. Hi Maz, Unfortunately I cannot agree with ALL YOUR COMMENTS. The law in South Africa treats all fathers as criminals even if without a court order you are already paying 30% of your usable salary. I have been through the mill and back and even now I have to start the legal process all over again because a facilitator has demanded I must pay 62% increase in maintenance so my youngest can go to an expensive girls school instead of a school in her area which was agreed in the Divorce. Never once has my ex had to produce actual costs. Everything is made up and overinflated and is treated as if it is the gospel. I have moved cities and jobs to try keep up with maintenance to try earn more to survive and when I do not have money left to pay for flights to see my children I am told it was my choice to move cities……..

    After my experience and the complete unfairness of the process I do not blame fathers from running away from their obligations. If it was fair I think more fathers would pay.

    I now am in contempt of court even though I am still paying about 11-12k per month but cannot afford more.

    1. Hi John,

      I am so sorry – I never meant to make it sound like I am speaking from the moms’ side only. I feel for you – it truly seems like an exorbitant amount to pay! The law is so flawed.

  43. my child’s father isn’t supporting him he is 4 years old and he is a very sick child we have to be at our local clinic twice a month and sometimes we go to tygerburg he will not contribute towards traveling money or for food for the day he never bought him clothes he stopped when he was six months where do I go and what do I do to force him to support his child please help

  44. My ex husband started to work in June 2016 and don’t pay maintenance. I went to court and our case is on the 17th Nov. I am working as a maid by my friend for my food and place to sleep. We have a daughter who lives with my stepson because I can not support her. His excuse is that he can’t see why he must pay me the maintenance if she does not live with me. How can I support her if he won’t pay. He signed the settlement agreement and walks around saying that he will show me a thing or two in court. What are my chances in winning my case against him?

  45. I have a big problem with a father that doesn’t pay maintance fees, he is remaried and his wife is handeling all the finance, he is taking care of her two chirldren, their fathers is paying, but my son is left behind, I’m struggeling to keep my head above water. He doesn’t answer his phone and he doesn’t reply on my messages, the new wife’s chirldren has nice close and has nice toys and for some reason she don’t wants to work. I can affort a atterney and I feel my hands is chop of, school alone is taken R1000.00 out of my pocket. And I have two daughers with my fiance. I really struggle mostly because of the new wife, she really the steff mom…

  46. My husbands father did not pay maintenance for him eversince he left the house. My husbands father and mother lived together for over 20years and was n’t married. Father left the house and married another lady. He left my husbands mother with 3 children and she supported them with her disability grant. Now the youngest sibling is going to high school next year and now his mother is soft hearted and does not want to go to court to apply for maintenance. Now his mother gave us a list of the school expenses that the child need for next year. What can we do if the father does not pay maintenance and mother does not want to go to court and my husband and I have to pay for the childs school expenses? His father got his own business and just legally adopted his wifes grandchildren as his own and he is supporting them. Need advice

  47. Hi, I am hoping someone can give me some advise, i have 2 teenage kids who both stay with me in south africa, their father walked out on us 2 years ago for another woman (we were never married but stayed together for 17 years, both kids are his) he remarried a woman in namibia & stays there, he use to pay me maintenance for both kids, but apparently for the last 5 months he has not had work, but he choose to leave his job, i have not received a cent from him in 5 months, his wife is”supposedly” supporting him she earns +/-R80 000.00 per month, i do not believe the fact he isn’t working, what can i do about him not paying me.
    I am in no position to seek advise from an attorney as i don’t have the money to pay for one, i am financially battling to survive, my son is in a private school busy with his final matric exams, school fees haven’t been pd, my daughter is in a government school I have managed to pay her fees every month, but i can’t afford to keep a roof over their heads.
    surely he should have some recall of not paying, i’m desperate for help

  48. Im in a situation whereby my wife and i going through a very difficult divorce and she wants me to pay maintenance and not see the child because she lied to court and said my nephew molested the child in my care. Im unable to see child for 3 months now. She is 4 years old. Yet now i cant even afford to pay a social worker. She just not interested in allowing me access with another neutral party. This is so difficult for me to deal with and still pay my maintenance which i was paying since separation.

  49. My x husband has stoped paying maintntenace 8years ago, i have been to court how many times, he simply says he cant afford It or makes some lame excuse to the judge every time. I have giveN up by now on this whole thing. not happy

  50. HEY, i have a child and the father has never maintained his child financially, i study and my parents do not work so it is hard for them to support me and the child. the problem is,the father does not work but he has money to spend, so how can i prove that he has money but i’ve never seen him working.

  51. My children’s father refuses to support his kids.he gave the police the run around that I had to go back to court wer the issued him a subpoena to court now his threatening my life.he calls and tells me we going to c if I make it to court alive.his mum says she don’t know Wer he is but he calls me or sends threatening messages from his mum’s phone.he said he will resign from work if he has to pay maintenance.please help and give me a bit of advice because I’m a struggling mother with two sons to care for.

  52. What irritates me most is that these men don’t want to support their kids but the can afford to get private lawyers to handle their cases.y can’t the courts take all that into consideration.

  53. Ive not received maintainance for 5 years he even divorces me without me being there or knowing he left me and my 2 kids for someone else and he had a child with her what can I do we don’t have contact at all he has not seen or called my kids can I claim on his pension and what else we are battling I work from 3am till 8pm to provide for my kids it’s not fair really

  54. hi good day

    i am happy about new law but need to know the dad had a court order in 2003 then he stopped paying along the way on and off jobs.

    his mom did things for our daughter as she wanted to play a part in her life.

    this year he was on probation and started a job again. he would give his mom amount she asked for to cover mostly dancing. when i asked for half of her prom expenses i was told they would sort it out and i said no il do half and he can do half. next thing his mom went to get a maintenance form for me to rather take him to court ad he could not decide on how much to give but he would give his mom the money she asked on behalf of my daughter.

    what i would like to know is can i apply for 5 years default on order or will they look at what the mom did for her in his absence.

    also im applying for increase

    thanks

  55. Hi I am one of the fathers that however do pay my maintenance. However my ex has used the full extend of the law to her disposal because she used to work for the department of justice to obtain a garnish against my salary. She had no justifiable reason to this but she haS DONE IT. SHE DOESN’T ALLOW ME TO SEE MY CHILDREN. i HAVE NEVER LET THEM DOWN. i HAVE ALWAYS PAID FOR EVERY EXTRA THING THEY REQUIRED. 5 YEARS AGO THEIR STEP FATHER MOLESTED MY DAUGTHER AND YET THE CHILDREN WAS GIVEN BACK TO HIM AND TO HER. hE GOT AWAY WITH A r3500 FINE AND A SUSPENDED SENTENCE FOR 5 YEARS. (TALK ABOUT A CORRUPT SYSTEM) I AGREED TO GIVE HER AN INCREASE IN MAINTENANCE TO HAVE THE GARNISH REMOVED FROM MY SALARY. sHE INFRONT OF THE SOCIAL WORKER AGREED TO THIS BUT NEVER HAS DONE THIS . iT IS NOW 6 YEARS SINCE THAT AGREEMENT. I HAVE CALUCLATED THE AMOUNT OF MONEY i HAVE PAID OVER PLUS THE EXTRA AND THAT IS NOW A TOTAL OF r302 000. aCCORDING TO MY CALUCLATIONS SHE OWES ME A TOTAL OF r28000 WHICH i HAVE PAID OVER MORE THAN WHAT THE AGREEMENT WAS. mY LAWYER RECENTLY INSTRUCTED ME TO STOP PAYING MAINTENANCE AS PER THE COURT ORDER i HAVE BEEN PAYING MORE MONEY THAN WHAT WAS REQUIRED FROM ME. i COULDN’T DO IT BUT YET SHE STILL DOESN’T ALLOW ME ACCESS TO MY CHILDREN. i AM IN TWO MINDS REGARDING THIS. SHOULD i STOP PAYING OR SHOULD i CONTINUE PAYING. i PERSONALLY HAVE NO TRUST IN THE JUSTICE SYSTEM BECAUSE i HAVE BEEN TREATED LIKE A CRIMINAL WHICH I AM NOT. JUST TO SOME UP THIS LAW WOULD BE WONDERFUL IF THE WORLD WAS AN PERFECT SOCIETY WHICH IT IS NOT. NOT ALL FATHERS ARE LIKE THE FATHERS WHICH JUST LEAVE AND DONT CARE ABOUT THE CHILDREN AFTERWARDS. SOME OF US WOULD JUST LIKE TO BE ABLE TO SEE THEIR CHILDREN AND INTERACT WITH THEM AND BUILD A RELATIONSHIP WITH THEM WITHOUT BEING PAINTED AS THE MONSTER. I WONDER WHAT WOULD HAPPEN IF A LAW WAS INTRODUCED WHICH SAID “ANY PARENT THAT THE COURT FOUND TO WITHHOLD ACCESS TO THE CHILDREN FROM THE RESPECTIVE OTHER PARENT WHOULD BE BLACKLISTED ” iT IS VERY DIFFICULT TO PROVE THIS BECAUSE THE PARENTS ARGUE THAT IT IS THE CHILD WHO DOESN’T WANT TO SEE THEM. iT IS ACTUALLY DETREMENTAL TO THE CHILD. CHILDREN REQUIRE BOTH PARENTS. I JUST WONDER HOW MANY PARENTS DOING THAT WOULD BE BLACKLISTED BECAUSE IT IS SURE AS HELL DIFFICULT TO HAVE THEM ARRESTED..

  56. i agree fully with bennie welding. the women use the children as pawns in the process and the lawyers (the scum of the earth) play along with these actions and it is never about the best interests of the children but about how much the lawyers can make and how the woman uses the process to prevent the children to have access to their fathers.
    bennie, there is something you can do. there was a law passed in 2015 mARCH 29, that paying maintenance is not the prerequisite to being granted access to your children. in fact, you need to lodge a case against her in court and explain the issue of access. as a father, access to your children is paramount. she is just there for the money and there is a significant number of fathers out there, me included, that suffer this despicable behaviour by women in using the children as pawns. if the ex wants to go then she must go but leave my children with me.

  57. If I may ask..in 2012 I was taken to maintenance court and I was informed about it and I went to court with the mother of my child and we had an agreement(if I may put it like that though I wasn’t happy about the outcome) and the same month I had to pay it my contract was terminated and went to court to present and submit my letter of termination and I was never asked nothing or given any form to fill up..so it passed on and I stayed without a job.and all this time I was never allowed to see the child .to cut it short,I last saw my daughter when she was two years old and now she is nine years.always excuses that she is bizy to see me,or evrytime there is an excuse not to see the child.so now.yesterday i received a garnishing letter for maintenance and I was never informed to appear to court nd I found that I’m in arrears of 31200zar and maintenance of 1000zar.so I’ve got got a problem with that..it’s too much for me and I got two kids I’m supporting and I’m married too.so my question is that is it far for me to pay back all the money though I wast working and is it ok to support the child that I don’t see and is bein introduced to different fathers at most times and I’m not allowed to talk to her.and I just wanna know ,where are my rites and how do I stop the garnish on my salary,cause I want to be a father to my child and give her the love and do all I can for her too..pls advice or help on how to do this..thankx

  58. Sad very very sad to see so many other people in my shoes. I also have an ex that claims his hospital plan he is giving is enough although he earns almost 4 times my salary. Just so fed up with pathetic attorney’s that doesn’t do much regarding this. I wish I could just change my son’s surname to mine because at this stage his dad is just a sperm donor and nothing more.

  59. My sons father have not paid child support for 12years then he decides to start only for 2years now he has stopped again he is living in Germany and im in South Africa. He said he doesn’t need to pay anything. What can i do

  60. as for me i did claim for arreas for maintanance nd my case was posponed to 1june 2016 but the father of my child did not appear then a warrant of arest was issued against him,the magistrst said they wil call me but till today nothing and he is walking freely,i am disapointed

  61. My soon to be ex wife confessed to me that non of our four kids I mine as the eldest son whom I’m staying with, will be relocating to his paternal grandparents in 2017, and insisted that I stay away from these kids as they also want nothing to do with me, my teenage daughter is also mean to me, after I got the job she filed for R6000 maintenance which I’m not really comfortable paying while paternity is in question and she was willing to go for test in court but now she refuses claiming how deadbeat kind of a father I am so she rather leave me alone.

  62. I am a grandmother ordered to pay 2000 per month for my grandchild. My son who is the father of the child is not working. I am not rich and don’t have much to put away for the future. I cannot force my son in to work. He is 28. The mother of the child sent him to the most expensive school in the area. I have no say in this. Her and her family bring in over 1m per year and have planned a holiday to the UK whilst I worry about getting in to debt. They do not need me to pay maintenance but do this out of spite. The law has no provision for me. Is this really in the best interests of the child to cause his grandmother to eventually become a burden to him and probably the state?

  63. I received a child maintenance court order that reads: first payment should be made on the 25th of November 2016, thereafter the 7th of every month that follows.

    I receive a payment on 25th November 2016 as instructed on the Court Order, when I made contact with the father on the 7th Dec 2016 to remind him, he had no intentions of paying the 7th of Dec because he believed that the 25th November’s payment was for Dec, and his next payment would be 7th January 2017. I informed him that’s not what the court order reads, then I received a payment on the 8th December.
    He then went to Bishop Lavis Court to sort the confusion and he told me they said he was NOT suppose to pay the 8th December, he should have paid the 25th December. (I kept telling him that he’s suppose to go according to what the court order reads, as I mentioned above) according to the court order the next payment now should be the 7th January 2017 but he believes he should pay the 25th of January because his been paying in advance as if his paying rent. ( Before the court order he’s been supporting only from when the baby was 8 months)

    I have tried to clear up the confusion with him but he’s threatening to take me to court for harassment. He also sent me a lawyers letter which I’m unable to download. His wife also keeps harassing me not bother him. So if I’m not allowed to remind him about payment or question him skipping payment, I certainly don’t want to get the cops involved. What I need to know is can I contact his mom to convey a reminder or if he missed a payment date?

  64. Good afternoon…

    I’ve stumbled upon this blog nd my heart shattered to see so many people struggling with this…
    I’m not sure my post will show but I do hope that it does…

    Here’s my story followed by some advice aswell…

    I’m 29 with 2boys, one is 5 other 2…me nd my husband broke up and I’ve asked for a divorce…during our time together its been up nd down…he could never keep a job…ever since he moved out he does not contribute nor does he really visit…he would promise to pay but nothing…he is one of the biggest liars ever…he would say hes working but then isn’t…he had money for drugs even though he now says he is clean…I’ve heard that if a father can’t pay his parents are liable? How true is this? I don’t care about the past u just want him to start helping me now!!!

    As for some off yalls problems…

    When a father pays maintenance please do ask proof of what the mother does with this money…you do get moms that spend it in themselves…I’d like to in courage the dads who do pay nd also thank you…eg Leon…please get legal advice but I suggest you pay the school directly buy clothes yourself nd medical what ever suits you…also keep proof of every single payment! Even slips for nappies etc…the less money you give mom directly the less she has to spend on her selfish ass…you realy do get moms like this…nd im ashamed of woman such as that!!! Our kids are gifts from God! They are not here to feed our pockets of luxury…so for the dads with exes like these…please try to do everything for your child even if it means bypassing mom nd paying school fees nd buying food nd clothes yourself…also take pictures…

    As for moms struggling with dads…

    I can gather the law is not helping much nd you’re tired…know one thing…you are an amazing mom nd your child/children will grow up knowing atleast one parent cares…keep all your bills nd gonto court also find out about the grand parents being liable…I’ve read a lot of them are well off nd they simply don’t help!!! I’m pretty sure you can sue them…find out!!!

    Then may God bless us all nd may our Kids never battle Like we do…nd moms!!! You rock…dads who do contrabute…thank you…wish all dads where like you…your child will know that you cared…keep it up

Comments are closed.