A Pretoria woman, seeking increased financial support from her estranged husband for their two-year-old child, was informed that she was abusing court processes and subsequently had her application dismissed.
The mother, who is currently getting R28,500 for child maintenance, filed a Rule 43 application in the North Gauteng High Court in Pretoria, seeking additional funds.
In her application, she argued that the maintenance should be over R35,000. She added that her husband is in arrears and owes her over R234,000.
Judge Brenda Neukircher said the mother made it seem like the father shirked his financial responsibilities towards the child and he has not because he pays at least R28,500 every month.
Judge Neukircher said it was also worth noting that the husband earns R81,000 and receives a quarterly bonus that sometimes puts his salary at R91,000.
With his income, he pays R25,000 towards his two sons from his previous marriage, and then pays R28,500 towards his two-year old child. The rest of the money goes to his own expenses.
“More than half his salary is utilised towards the maintenance of his three children. He has no notable assets of value and no notable savings.
“The father is presently paying more maintenance for his two-year old son than for both of his older children,” said the judge.
Meanwhile, the mother earns over R64,000 and receives an annual gross bonus of R624,000.
She also receives R2,700 from a rental a property and has savings of R400,000.
The judge said it was obvious that the mother was in a financially stronger position and no matter how one views the case, the application was an abuse of court process.
“I find her prayer for more maintenance for the minor child excessive and not commensurate with the parties’ means. It is an abuse of process and it is also contrary to the entire ethos of Rule 43,” she said.
The application was dismissed with costs.
sinenhlanhla.masilela@iol.co.za
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