Laurakim did a post on this and because this is an emotional subject for me as I seem to always be on the loosing end of it. I thought I would clear up a few facts.
Maintenance is decide on in mediation or with your lawyers before you go and get divorced these days a parenting plan should also be put into place. this became law on 1st of July 2007. If you are single you apply to your local magistrates court to have maintenance implemented.
When you sit down with your attorney he will advise you that you should list all your expenses including DSTV your car license, petrol, food, Maintenance of the vehicle, even vet expenses for the animals you have. clothes toiletries and the list goes on. (the list on the maintenance application form you receive from the court is actually 3 pages long just for your expenses ) the reason that all these are included is that the children do use the car and DSTV and the animals and they are part of the household expenses. However if for instance your child is still in nappies you may add that expense directly to the child because no one else benefits from its use. and I may not add the expense of say having my nails done to the list and expect it then to be added to the children’s portion of the home budget.
Once you have done this then the it is divided into parts if you have two kids like myself then it is 4 parts I pay 2 parts they pay one part each So if for instance all the home expenses come up to R1000.00 I would pay R500 and my kids would pay R250 each ( the reason it is done this way is so I can not abuse the system and expect my ex to pay for me. )
Then that R500 that is the children’s portion would then be split into parental percentages, which is worked out as shown below.
My salary is stated and my Ex’s salary is stated, the two figures are added together and then the percentage is worked out. So if I earn R2000.00 and he earns R4000.00 which would mean he is responsible for 67% of the children’s expenses and I am responsible for 33% there for he would Pay R335 and I would pay the balance of R165.00
Now lets say my ex changes jobs and goes back to the court and says his salary is only R500 now and he can prove it the court will only make him pay 40% of his salary. No more.
I am not for making any parent more or less responsible for their children. but I do feel that some of the men abuse the system. as do the women. and the only people who get hurt are the children.
Some people are lucky they get maintenance and then the Ex also contributes to medical aid and School fees etc.
I fall into the category of where I get get x and that covers everything which is hard as there are always things you cant account for until they happen. My Ex refuses to assist with any form of financial help other than Maintenance which he kicked and screamed about paying he even went so far as to hire a lawyer instead of paying Maintenance. Until I got a garnishee order against him. He even refused to buy M a tube of paint for a school project because he has to pay maintenance.
So there are the facts of Maintenance they are there to protect the children but it doesn’t always work that way.