Search Parent24 for...
Welcome Guest! To enable all features please Log in

Notification

Icon
Error

2 Pages12>
Incorrect spending of child maintenance
Guest
#1 Posted : Saturday, February 13, 2010 6:17:19 PM(UTC)
Rank: Guest

Groups:
Joined: 8/1/2008(UTC)
Posts: 10,586
Points: -10,831

I am a Divorced male and my 13 year old daughter and 11 year old son lives with my ex (primary caregiver). I pay more maintenance than I have to and still my ex is not paying school fees, after care fees, proper clothing and food etc which is included in our maintenance agreement.

My daughter is going to high school next year and my ex has asked me to pay the R10000 outstanding school fees(which I have already paid over to her in the form of maintenance) otherwise she cant get her into the school we are planning to send her to. Problem is, I do not have it
Guest
#2 Posted : Sunday, February 14, 2010 3:45:27 AM(UTC)
Rank: Guest

Groups:
Joined: 8/1/2008(UTC)
Posts: 10,586
Points: -10,831

SUCKER! She's got YOUR number, that's for sure!

Take her to court. Plain and simple.

She's obviously neglecting her responsibilities, spending/wasting the children's money (it IS theirs, after all) on 'other' things. So you must put a stop to it, once and for all. Perhaps even have her declared incompetent. Do your best - it's in the children's best interests, as you can see from the mess she's landed herself in...
Gary - Fathers 4 Justice
#3 Posted : Monday, February 15, 2010 1:46:22 AM(UTC)
Rank: Guest

Groups:
Joined: 8/1/2008(UTC)
Posts: 10,586
Points: -10,831

If the mother is working then very simply put she needs to over the next year pay the difference / short fall. In future you deal directly with and pay directly yourself all service providers i.e. schools, extra mural activities.

Contact Fathers 4 Justice on www.f4j.co.za for additional assistance.
jo49
#4 Posted : Monday, February 15, 2010 11:17:05 AM(UTC)
jo49

Rank: Advanced Member

Groups:
Joined: 1/21/2010(UTC)
Posts: 101
Points: 327

I agree with Gary, you should pay directly in the account of the school etc.
Guest
#5 Posted : Monday, February 15, 2010 11:22:50 AM(UTC)
Rank: Guest

Groups:
Joined: 8/1/2008(UTC)
Posts: 10,586
Points: -10,831

She is irresponsible if she is wasting their money. My Ex pays for the rent since he sold the house we lived in and never me a cent from the sale of the house, he also sees to their schooling and he gives them their montly allowance. Everything else food, clothing, repairs to household items, garden maintenance, domestic help, I pay. He owns his own business and I never ask him for any extra money for anything.
Guest
#6 Posted : Monday, February 15, 2010 11:48:14 AM(UTC)
Rank: Guest

Groups:
Joined: 8/1/2008(UTC)
Posts: 10,586
Points: -10,831

Agreed. If the mother is working (and she should be!!) She has a financial responsibility towards your children as well. Too many mothers conveniently forget this part….. Ask her to prove what she has done with the money you have paid over. Then take her to court. Women like her give the rest of us divorced women a bad name!!
My children’s father only pays for their schooling - and that sometimes is an issue. When and if he has any spare cash, he will then pay that towards the children’s upkeep. The rest I do. Do not let this women hide behind your children. You are paying maintenance like any good divorced Dad and she is abusing the money clearly if the school fees are not paid. If you are paying more than you should be, then simply go back to the original amount as per your settlement. That will give the mother the necessary kick up the jack to start planning properly!! Alternatively have her declared incompetent and have the kids come live with you. It seems to me that the children’s money is been spent on things other than what the money was intended for. If the children are spoilt and this is why she spends the money on other things, then she is still to blame and it is time that you stepped in!
Hein Whelan
#7 Posted : Monday, February 15, 2010 12:12:48 PM(UTC)
Rank: Guest

Groups:
Joined: 8/1/2008(UTC)
Posts: 10,586
Points: -10,831

Man alive! You are being taken to the cleaners. I should know. I'm a single father (primary care giver) and my daughters mother doesn't pay 1c towards upbringing, school, clothes. Nothing. Even if she did, that money is supposed to be used to pay school fees etc. Maintenance court is free. Summons her so that she can tell the court what the money is being spent on. No matter how she juggles it she still has to use that money on the children and nothing else.
Guest
#8 Posted : Monday, February 15, 2010 12:55:27 PM(UTC)
Rank: Guest

Groups:
Joined: 8/1/2008(UTC)
Posts: 10,586
Points: -10,831

How much is more than you have to ? Is this more than in the order, or more in your mind ? My experience shows that most people (men AND women) do not realise how much it really costs to raise a child. Add this to maintenance orders that are not adjusted/updated to allow for the usual price rises and somewhere along the line someone cries foul. Maybe the extra cash was spent on uniforms, books and extra murals ? Why don't you pay the school direct ? Why don't you talk to the school, as u r the responsible party, and arrange for reductions (if ur single then it's only ur salary that is taken into account). Why not arrange to pay the outstanding amount off ?
Guest
#9 Posted : Monday, February 15, 2010 1:06:09 PM(UTC)
Rank: Guest

Groups:
Joined: 8/1/2008(UTC)
Posts: 10,586
Points: -10,831

I think he should take the children and look after them then he doesnt have to pay maintenance and he can see how much it costs to bring up children!
Guest
#11 Posted : Monday, February 15, 2010 1:07:46 PM(UTC)
Rank: Guest

Groups:
Joined: 8/1/2008(UTC)
Posts: 10,586
Points: -10,831

I am on the other side of the scale. I am a woman battling to get a father to even see his kids never mind pay fair maintenance. I am lucky if he gives me R4000 a month. The school fees alone are R9900, so I have to cover for the rest, food, clothes, sports kit, transport too and from every where etc.... He does not even see them every second weekend or take them every second holiday. He has shared custody so all you males going on and on. There are woman out there also in the same predicament, so don't think its a male or female thing. Its a NASTY person thing, some parents just dont give a damn!!!!!!
Guest
#12 Posted : Monday, February 15, 2010 1:27:52 PM(UTC)
Rank: Guest

Groups:
Joined: 8/1/2008(UTC)
Posts: 10,586
Points: -10,831

If you read the school fees contract, most schools states that school fees are responisibility of BOTH parents and overrules the maintenance paid on a monthly basis. So take advice and get your maintenance reduced in court and pay your half share of school fees in the future.
Guest
#13 Posted : Monday, February 15, 2010 1:45:53 PM(UTC)
Rank: Guest

Groups:
Joined: 8/1/2008(UTC)
Posts: 10,586
Points: -10,831

Sounds like a really tough situation. The only way out that I can see is to 1) start paying all of the expenses that you are responsible for directly to the service providers e.g. the school and 2) come clean with your daughter's school. If they have not been receiving their money all this time they will be very happy to come to an arrangement with the "responsible" parent because they have most likely been writing and calling your ex to try and settle the outstanding amount. Explain your version of events and see whether you can come up with a plan to pay off the R10000 over time -and then deduct this amount from the maintenance that is paid over to your ex.
Guest
#15 Posted : Monday, February 15, 2010 1:46:36 PM(UTC)
Rank: Guest

Groups:
Joined: 8/1/2008(UTC)
Posts: 10,586
Points: -10,831

If you can't afford to send your daughter to an expensive school then you will have to send her to a cheaper one. If this isn't acceptable to your ex, then she must put in the difference herself. If she can't afford it either, then your kids will have to learn to cut their cloth according to their (parents') means.
Guest
#16 Posted : Monday, February 15, 2010 2:26:13 PM(UTC)
Rank: Guest

Groups:
Joined: 8/1/2008(UTC)
Posts: 10,586
Points: -10,831

Quote:
I am on the other side of the scale. I am a woman battling to get a father to even see his kids never mind pay fair maintenance. I am lucky if he gives me R4000 a month. The school fees alone are R9900, so I have to cover for the rest, food, clothes, sports kit, transport too and from every where etc....


Please clarify - are you trying to imply that your children's school fees are R9900-00 PER MONTH????? If so, then yes, you have a problem - but it's not really with your ex. It's with the school you're sending your children to.

If, however, the fees are R9900-00 per annum, then I don't see the problem - R36,000-00 per annum EASILY covers the school fees as well as another R25000-00 for incidentals. That should cover quite a lot of clothes, sports kit, and transport...

They're YOUR children too - why should you pay NOTHING towards them?
Guest
#17 Posted : Monday, February 15, 2010 2:28:41 PM(UTC)
Rank: Guest

Groups:
Joined: 8/1/2008(UTC)
Posts: 10,586
Points: -10,831

I was in a situation where the mother wanted R8000-00 per month for a 6 year old boy. The problem was that she did not even earn that amount per month. What (both) parents seems to forget is that child MNTCE in calculated or determined by the amount 1 parent spend towards the upbringing of the child per month. What also needs to be consider is what was agreed to betwwen the parents during custody and the final consent papers.
Should the agreement be that 1 party is liable for e.g medical aid, school fees - that amount cannot be included in the mntce per month. That is entirely seperate. Giving you my situation.
Consent paper - I agreed to keep him on my medical aid, school fees would 50/50, he spends every second weekend and every second Tuesday with me. School holidays 50/50.
Now at the mntce office I insisted that she show proof of her income and expenditure. You are only liable to the cost of the upbringing of the child and not her expenses. - Thus I am liable for the medical aid, 50 % of the school fees and then paying R1000-00 per month. Apart from this - when he visits me he don't need to bring cloths with as he has his own room and cupboard with his clothing. I made sure that there are sets of school clothing on both sides (this is a great help). I 1st had problems when it came down to collecting or dropping him after his visit with me. Come Sunday evening she is knowwhere to be found. Now if he must be by me the weekend I fetch him from school and drop him there the Monday morning as well. same happens for the Tuesday. He goes to school as per normal with no extra bags and no more worries about collecting him.
At the end of it all some advise - keep all receipts of your expiditure towards the kids and remember, if she wants or ask for let say R2000-00 per month let her give proof of the expenditure for the amount towards the child and not HER expenses.
Anna
#18 Posted : Monday, February 15, 2010 2:30:03 PM(UTC)
Rank: Guest

Groups:
Joined: 8/1/2008(UTC)
Posts: 10,586
Points: -10,831

I remember my brother having the same problem with his ex until he started paying the service providers directly. She almost bled him into bankrupcy. We always seem to hear the stories about how woman are not paid maintenance and how bad the ex husband is and blah blah blah but we seldom hear the ex husband's side of things. Don't fall for the sob stories. If you are paying what the courts said you are to pay, AND you are paying school fees, medical aid, etc. for your children - let her go and jump! She will soon realise their are cheaper (good) schools and she does not have to try and live up to the Jones next door.
Guest
#19 Posted : Monday, February 15, 2010 2:38:57 PM(UTC)
Rank: Guest

Groups:
Joined: 8/1/2008(UTC)
Posts: 10,586
Points: -10,831

I pay for everything for my two boys medical aid schooling stationery school clothes all extra's for school and maintanance on top off all of that I know i am getting the short end of that stick .My ex wife does not work but she does have a life partner
CS
Guest
#20 Posted : Monday, February 15, 2010 2:46:55 PM(UTC)
Rank: Guest

Groups:
Joined: 8/1/2008(UTC)
Posts: 10,586
Points: -10,831

You haven't mentioned exactly how much are you paying for maintenance. With the cost of living constantly increasing and recession in between, you should rather become more involved with you children's upbringing. Your children are much older for you to have fruitful engagement with them. Find out how they are coping at home, school etc. Contact the school if necessary to find out if school fees are paid so that you eliminate surprises at the end of the year. it is horrible to change children from one school to the other just because parents cant afford school fees nogal.
Guest
#21 Posted : Monday, February 15, 2010 2:51:51 PM(UTC)
Rank: Guest

Groups:
Joined: 8/1/2008(UTC)
Posts: 10,586
Points: -10,831

RE: Guest at 11:27. If the divorce decree or the maintenance order state by name the person responsible for school fees, then that person is responsible. The school can try to take a legal route to force the other parent to pay, but 'most' have failed (there have been 1 or 2 cases where the court has decided that the other parent should pay)
Guest
#22 Posted : Monday, February 15, 2010 2:58:30 PM(UTC)
Rank: Guest

Groups:
Joined: 8/1/2008(UTC)
Posts: 10,586
Points: -10,831

I am a single dad and pay all the service providers directly. I visty my daughter daily. My daughter attends a private school and I even pay for her transport. I take her shopping for whatever she needs and even buy her lunch food for her. I pay for all her extra mural activities and give her a daily allowance. I even buy her, her toiletries and vitamins. In short, I buy her everything she wants and needs. All that her mom needs to take of is her accomodation. I have made it clear that she will not receive a cent from me. If she cannot take care of her accomodation, then my daughter needs to live with me, but obviously, she does not want this to happen, so I don't hear any complains. I am not willing to support her mom or any of her family etc. with my hard earned cash. I suggest that maybe you as a dad start doing the same for your kids. This is bound to help. Try not to give them a lump sum as an allowance as I found that this could still be used up by your ex.
Quick Reply Show Quick Reply
Users browsing this topic
Guest
Forum Jump  
You can post new topics in this forum.
You can reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You can vote in polls in this forum.