Questions posed when registering on www.ourlawyer.co.za/live

Question 1:

Gauteng

What is the procedure to dispute the child maintenance decision because I am dissatisfied with the maintenance officer’s ruling? I want to escalate the matter to court for a formal enquiry in front of a magistrate.

I have three minor children aged 11, 8, and 6. I am paying a bond of 6,000 rand; however, the officer said I cannot claim for accommodation, which I was unhappy about because we are not staying rent-free. Expenses include groceries R3200, electricity R900, municipal water rates and taxes R1200, household wages of domestic worker earning 2,500 rand, school fees R3030, school transport R1800, medical aid 3,060 rand, uniforms twice a year, stationery, house maintenance, and household expenses. I wish to dispute the order because I believe the officer was biased. The officer told me I cannot claim for accommodation because it is covered by my bond, so it is my problem. The officer also said the domestic worker works at my house. Worst of all, none of our documents were scrutinised. I felt very frustrated, angry, and helpless. The officer decided that the father will pay for the school fees, school transport, stationery, and uniforms twice a year. I am contributing more and earning far less than the father. I would appreciate the matter being reviewed through a formal enquiry so that their income, expenses, and the child’s needs can be properly considered. The officer deducted many items from my claim—accommodation, electricity, water and rates, groceries, domestic worker, medical aid, and all other household and house maintenance expenses—and I want the court to reconsider this. Please advise. I am a frustrated mother.

Question 2:

Gauteng

My maintenance file dates back to December 2010 when I initiated a case against my ex-husband at the Randburg Magistrates Court. It’s a long and complicated saga. We have attempted subpoenas, garnishees, section 31 and section 10 orders, and attachment orders, but he continues to avoid paying by moving jobs, working as a consultant, or hiding his businesses and associates. The case started in Randburg, moved to Pietermaritzburg when we relocated, and is now back at Randburg Courts. I have finally traced his details but feel so despondent because it seems like the fight will go on without any resolution. I have three children affected by this situation, and I need to ask if there is any hope. He is charming and manages to smooth talk his way through court proceedings, even when he does not present his financials. I also suspect that his life partner, who is a financial accountant, is involved in hiding his financial information since she has been present since the beginning. I don’t know where to turn or how to start again.

Question 3:

Gauteng

Am I entitled to claim back maintenance?

Question 4:

KwaZulu-Natal

I do not require legal advice. I wish to attend the session because I plan to pursue pupillage soon, and this is an area I am very interested in. I would like the opportunity to participate so I can learn more about the topic and how to manage similar issues.

Question 5:

Gauteng

My twin girls turn 15 this month. Their father has been paying R2500 for maintenance for the last three years, including school fees and helping with their clothing. He is supposed to buy them clothing for holidays, but this has not been done for over two years. I can barely afford to buy them clothes now, so I am sending them with minimal clothing, expecting him to buy more while they are with him. He was supposed to get them medical aid, but that never happened until my job gave it to me as a perk, which I appreciate. My net salary, after debt payments and deductions, is only about R5000, which needs to cover food, electricity, fuel, school fees, and other expenses. I have asked him to increase his contribution, but he has not agreed. The girls have needs, and I believe he should contribute more financially. He is married with two other children and recently started working overseas, returning for three months at a time. If he is out of the country, can his wife be summoned to court on his behalf? Thank you.

Question 6:

Gauteng

I have a maintenance case. At our first hearing, he insisted I take a DNA test to confirm the children’s paternity. The test was scheduled for 26 October 2021. When I went to court, I found a doctor’s letter stating he tested positive for COVID-19, but he still came to sign our obligation book. The court will assist me.

is gonna help me