When Monique Muller went onto her Instagram Stories last week to blast former partner Katlego Maboe for allegedly refusing to pay their son’s school fees, it brought out the good, bad and nasty on social media.
This hasn’t been the first time the former couple’s contentious relationship has been aired in public.
Even though many had lots to say about it, from accusing Muller of being a gold-digger to Maboe not doing his part as a father to their five-year-old child, another conversation emerged.
What if the guy is seriously not taking care of his kid
— The Instigator (@Am_Blujay) August 25, 2023
Some women aren’t even getting a cent from their baby daddies and they don’t complain. Him paying 50% of school fees is better than nothing. The day women realise that on a child you go 50/50 is the day life will be better. I stand with Katlego Maboe pic.twitter.com/jsJ4CpLb5W
— Miss Ziprusha (@destinyzee) August 25, 2023
Muller’s accusations of ‘financial abuse’ appeared to hit a spot and trigged many parents to share their experiences.
But it also brought up questions as to how single parents can navigate the legal system when it comes to child maintenance.
Dr Carmel Jacobs, a lecturer at the University of Western Cape (UWC) who specialises in family law, explained that first and foremost, the legal duty to pay school rests on both parents, equally, in terms of existing legislation.
She further added that the obligation was immaterial of how much each party earns.
“This is where maintenance comes in, because the reality is that both parents do not earn the same," said Jacobs.
In Muller and Maboe’s case, Muller stated that she ended up in court previously, hence her referral to “financial abuse”.
“As far as child maintenance in general is concerned, the obligation to maintain a child is not 50/50 as is generally assumed,” Jacobs reiterated.
“Instead, it is pro rata according to each parent's respective means. Here a calculation is done of the child's needs and then the salaries of the parents are considered,” she said.
Jacobs gave an example of how the calculation is done: “If the child's monthly expenses are R15,000, depending on how much each party earns, a calculation is done on how much each parent should contribute to this amount.”
She further added, “If Mr Maboe, for example, earns double what Ms Muller earns, she will then contribute 33 percent towards the child's monthly needs and Mr Maboe the remaining 66 percent.”
When it comes to child maintenance, Jacobs explained that there are other avenues that can be explored, namely:
Mediation
“If parties are amenable, the matter can be resolved by way of mediation, which is generally less adversarial.
“However, many women are unable to go this route where there is financial abuse and the other parent is, for example, a narcissist.”
Maintenance court
“The other recourse available would be to approach the maintenance court which is also fraught with problems.”
Interim maintenance
“Alternatively, the primary caregiver can approach the court for interim maintenance if the issue has not been resolved as yet.
“This is, however, a costly expense, one which few women can afford.”
Domestic Violence legislation
“There is additionally the option of approaching a court for financial relief in terms of Domestic Violence legislation.
“However, often this is turned down and referred to the maintenance court instead,” Jacobs said.
IOL