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Case law pertaining to child maintenance:

D.B v B.J.B (40/2024) [2024] ZAFSHC 112 (18 April 2024)

Maintenance – Affordability – Applicant is not as desolate as she makes out to be – Respondent has existing maintenance order paid to first wife – Applicant has not made out a case for separate order for relocation costs – Order for contribution towards legal costs not appropriate in circumstances – Maintenance of R10,000 per month granted – Respondent ordered to continue with payments in respect of bond over communal property.

Read full judgment:  D.B v B.J.B (40/2024) [2024] ZAFSHC 112 (18 April 2024)

LA v EFV (2024-017275) [2024] ZAGPPHC 213 (11 March 2024)

Children – Consent to travel – Mother seeks consent from father for departure of minor child from Republic for specific period – Father refuses to consent – Court may intervene and order consent of one who unreasonably refuses consent – Applicant mother demonstrated that in the circumstances, consent of all persons is not necessary for departure of child from Republic given unreasonable withholding of consent by father – Children’s Act 38 of 2005, s 18(5).

Read full judgment:  LA v EFV (2024-017275) [2024] ZAGPPHC 213 (11 March 2024)

M.S.S v L.A.S (5722/2023) [2024] ZAFSHC 72 (13 March 2024)

Maintenance – Primary residency – Pending divorce between parties – Minor child’s maintenance requirements considered – Respondent bears responsibility to pay 50% of bond – Affordability – Respondent cannot pay for funeral and investment policies when maintenance obligations for daily living must be met – Respondent can afford and has funds available to pay maintenance and bond contribution pendent lite.

Read full judgment: M.S.S v L.A.S (5722/2023) [2024] ZAFSHC 72 (13 March 2024)

O.A.J v K.J (67591/2013) [2024] ZAGPPHC 214 (6 March 2024)

Maintenance – Variation – Material changes in circumstances – Granting of relief will terminate unemployed respondent’s income stream in circumstances where there exist material factual disputes – Applicant’s assertions do not provide a basis for a rescission of order – Respondent’s counter-application is partially successful in respect of a further contribution for costs – Application dismissed – Uniform Rule 46(3).

Read full judgment: O.A.J v K.J (67591/2013) [2024] ZAGPPHC 214 (6 March 2024)

H.F v I.Z (2022-058317) [2024] ZAGPJHC 239 (4 March 2024)

Maintenance – Costs contribution – Minor child and applicant – Applicant resigned from employment by agreement between parties to care for minor child – Parties were living a decent life where respondent was paying for all household expenses – Right of minor child to a standard of living which is adequate for her development – Applicant’s actual and reasonable expenses considered – Respondent is able to meet expenses for applicant and minor child.

Read full judgment: H.F v I.Z (2022-058317) [2024] ZAGPJHC 239 (4 March 2024)

E.J.L v H.J.C.L (4770/2023) [2024] ZAFSHC 59 (26 February 2024)

Maintenance – Medical related expenses – Applicant seeks that respondent pay for her expenses not covered by medical aid – Respondent countered that gap cover covers applicant – Applicant has not made out a case that any additional medical cover is needed – Failed to establish a need for claim – Respondent tendered maintenance pendente lite and it was therefore superfluous to bring Rule 43 application – Applicants claim fails – Costs order warranted.

Read full judgment:  E.J.L v H.J.C.L (4770/2023) [2024] ZAFSHC 59 (26 February 2024)

R.K.K v M.D.K (20413/2022) [2024] ZAGPPHC 140 (20 February 2024)

Maintenance – Costs contribution – Contact with minor children – Spousal maintenance – Respondent has systematically started excluding applicant from access to joint finances since she commenced divorce proceedings – Previously managed income generated by property and was using it for household requirements – Unilaterally terminated by respondent – Spousal maintenance granted – Contribution towards legal costs granted.

Read full judgment:  R.K.K v M.D.K (20413/2022) [2024] ZAGPPHC 140 (20 February 2024)

J.S.H v M.S.H and Others (1308/2024) [2024] ZAWCHC 42 (16 February 2024)

Maintenance – School fees – Private or public school – Whether respondent in contempt – Applicant desiring children to attend private school when respondent offering to pay for government school – Rule 43 order not stating that respondent required to pay the school fees of the school chosen by applicant – Parties to immediately approach registrar of judge who assumed role of case management judge – In interests of children and proper administration of justice that the divorce is finalised as soon as possible – Uniform Rule 43.

Read full judgment: J.S.H v M.S.H and Others (1308/2024) [2024] ZAWCHC 42 (16 February 2024)

R.A v H.A (51793/2021) [2024] ZAGPJHC 123 (12 February 2024)

Maintenance – Affordability – Whether applicant and children are entitled to maintenance pending finalisation of divorce proceedings – Respondent has more financial muscle – Applicant as primary care giver to children requires financial support – Applicant has become impoverished or is out of pocket because of costs incurred – Needs to be reimbursed to a certain extent – Order made in terms of draft order incorporating applicant’s prayer regarding medical aid.

Read full judgment: R.A v H.A (51793/2021) [2024] ZAGPJHC 123 (12 February 2024)

R.A v F.A (14491/2020; 14490/2020; 19594/2021) [2024] ZAWCHC 35 (9 February 2024)

Maintenance – Suspension of order – Order granted in absence of applicant – Failed to attend court – Allegedly attended court on incorrect day due to acting upon incorrect information provided by legal representatives – Deterioration of financial circumstances significantly weighs heavily in favour of applicant – Current financial position was not considered when order was granted – Operation of order suspended.

Read full judgment: R.A v F.A (14491/2020; 14490/2020; 19594/2021) [2024] ZAWCHC 35 (9 February 2024)

T.E v V.E (2023/021747) [2024] ZAGPJHC 91 (2 February 2024)

Maintenance – Affordability – Financial disclosure lacking – Respondent is not working and has no income – Applicant’s tender ensures respondent has former common home to live in, with its costs covered – Contends there is very little left for daily expenses – Expenses claim considered – Maintenance in respect of minor children granted – Primary residence vests with respondent – Contribution to respondent’s legal costs granted.

Read full judgment: T.E v V.E (2023/021747) [2024] ZAGPJHC 91 (2 February 2024) )

T.R v S.R (2017/11467) [2024] ZAGPJHC 76 (24 January 2024)

Maintenance – Writ of execution – Whether writ of execution should be set aside and rescinded – Amounts claimed by respondent are in dispute – Respondent having not attached supporting documentation to affidavit in support of application to obtain writ – Amount payable under judgment can be ascertained only after deciding further legal problems – Writ is materially defective – Incompetently issued – Rescinded and set aside.

Read full judgment: T.R v S.R (2017/11467) [2024] ZAGPJHC 76 (24 January 2024) )

EVG v AJJV (2023-059041) [2023] ZAGPJHC 1473 (22 December 2023)

Maintenance – Parental rights and responsibilities – Costs contribution – Best interests of minor children paramount – Voice of child assessment produced positive feedback regarding children’s relationship with both parents – Appropriate contact regime considered – Appointment of parenting coordinator – Contribution towards spousal maintenance considered and applied – Primary residence of minor children remains with applicant.

Read full judgment: EVG v AJJV (2023-059041) [2023] ZAGPJHC 1473 (22 December 2023)

K.A.E v W.N.E (58415/2021) [2023] ZAGPJHC 1488 (18 December 2023)

Maintenance – Accommodation – Respondent paying for child’s maintenance – Contending that applicant does not have need because she is staying comfortably with her parents – Submissions are unsustainable and opportunistic – It is his legal duty to accommodate her – That housing is not reflected as an expense, it does not follow that she has no need – She has need as any person, inextricably linked to constitutional guarantee of right to dignity – Respondent shall pay the applicant R15,000 per month for her accommodation – R300,000 to be paid towards her legal costs – Uniform Rule 43.

Read full judgment:  K.A.E v W.N.E (58415/2021) [2023] ZAGPJHC 1488 (18 December 2023)