Divorce spells the end of a couple’s marriage but, where maintenance payments and contact visits are involved, not the end of their relationship.
A common misconception is that parties must make payment of maintenance towards minors in equal shares. This 50/50 maintenance approach is obviously not correct or sustainable. In terms of the Law of Maintenance in South Africa, parties should pay maintenance according to their means, which in principle includes reference to assets.
It is best to include an automatic increase clause related to the consumer price index in the divorce order, although oftentimes this is unfortunately not adequate to address the increased requirements of growing children and the increasingly high increase in the costs of living. Both the payer and recipient of maintenance payments are always entitled to approach the court to change the order when necessary.
For more information or assistance, contact Nicole Stevens.