Court turns down ex-wife’s claim of R50K towards child support, R100K for her personal maintenance in divorce settlement

Published Jan 19, 2023


Pretoria - A former wife demanding R50 000 on child support and R100 000 for her monthly maintenance, was turned down by the Western Cape High Court after her ex-husband told the court that her demands were not achievable and beyond the scope of his financial reach.

The parties were married in an ante-nuptial contract, including the provisions of an accrual regime.

When their marriage hit rock bottom, the couple decided to file for divorce. In her court papers, the wife wanted to remain in the matrimonial home with their 9-year-old son. She wanted R50 000 towards child support and wanted the husband to contribute R100 000 for her personal maintenance for the rest of her life.

In addition, she wanted her ex-husband to pay the child’s educational and medical expenses, including her medical expenses.

She said their son was engaged in extra-mural activities which are swimming, Kumon, Mandarin and piano and wanted the ex-husband to pay for that as well.

She also complained that her ex-husband allegedly spent money on shopping and travelling instead of paying the bond instalments to the house she shared with their son.

In response, the aggrieved ex-husband told the court that he was unemployed saying his employment contract was terminated on November 30, 2022.

He said his net income was reduced from R243 000 per month to R95 000. He added that all his capital reserves had been depleted since the divorce started as he had to pay over R165 000 per month for bond, maintaining his child and ex-wife.

He said as a direct consequence of his ex-wife’s refusal to vacate their matrimonial home, the exorbitant amount of maintenance and other expenses he was required to pay resulted in him experiencing cash flow issues and he had since been unable to service the bond over the matrimonial home.

He further argued that he had complied with the provisions of the ante-nuptial contract and was willing to transfer a bond-free house in Gauteng to his former wife.

He also said since he had been unemployed, he had been forced to make loans of more than half a million (rand) and currently relied on income through his consultancy services, and also received a stipend from a company he co-owned.

He further told the court that his former wife refused to get a job and she owned at least two houses, had substantial savings at her disposal and received money from a family trust.

In his judgment, Judge Derek Wille said the ex-wife accused the ex-husband of fraud, non-disclosures, concealment of assets and making a false statement under oath, however, her allegations were not helpful.

Wille ordered that the ex-husband pays R25 000 for maintenance for the ex-wife and the minor son.

He will also pay for educational expenses, sports and extra-mural activities including medical expenses.

Should the ex-wife move from the matrimonial home, she will receive R35 000 maintenance for herself and her son, another R35 000 will be paid to the landlord and R1000 will be added for electricity.