Advice on Divorce

[eddy]

31%? Are you paying anything to his mother as well ?

 

Wrt the age question, I stopped paying the maintenance of my daughters to my ex when my children left school and went to University.

 

However I kept the obligation and used the money to pay varsity and res fees, allowance etc.

 

Both are still studying and I still pay even though they are in their twenties. But, they also work and earn their own money.

 

Remember, just because he has an 18th birthday does not stop him from being your son.

[Warthog]

One more question to those with experience on Maintenance for children.

 

The way my portion has been calculated works out that 31% of my Nett Salary (take home amount) every month is going to his support.

 

Does that sound reasonable ?

 

Also, the wording in the draft contract states that I am liable until the age of 18 or until he is self supporting, whichever event last occurs. Should there not be a cutoff age to prevent this going on for many years should he not find employment or not able to support himself as some children can end up living until age 30 with their parents.  I very much doubt he is this way inclined and am sure he will be a success, but safer to have a cut off age at say 23 or so ??  Opinions appreciated.

 

The calculation of the amount really is (or should be) mere mathematics.

 

First step is to determine what the child's maintenance needs are, and then to do the calculations. Principle is that parents are equally liable, but that obviously doesn't fly when dad earns R50k and mom R15k... so it really is (should be) simple arithmetic.

 

Regards 18 years - that is because kids in the normal run turns 18 after matric. A child becomes a major at 18 - after 18 the child has the capacity to sue daddy himself for his maintenance...

 

So if child goes to university and daddy can afford it, he can sue daddy for maintenance while he is studying.

 

NB!!! DISCLAIMER!!! These are the very basic principles on the questions asked. There are hundreds of different scenarios and each case will have different facts and different rulings.

 

Edit: spelling & mistake

Edited February 28, 2018 by Warthog

[Letum911]

Maintenance is calculated on 2 main factors, a NEED and an ABILITY to pay.

 

Therefore regardless of %, if he needs a certain amount and it is possible for you to pay (at some times possible according to the courts), such an order will be made.

 

Keep in mind that both parents have maintenance obligations, and each's share will (or at least should) be worked out pro rata. 

 

As for age, "until he is self sufficient" is a standard clause. This covers the child for varsity etc, however from age 18 onwards if he wants more maintenance or you want to pay less it's between you and the child not you and the mother. So he needs to come explain the NEED and what is reasonable also plays a role here. Unfortunately maintenance is a doghouse and there are no true and correct rules, only guidelines and factors to take into consideration.

 

Just to add, we have case law stating that where necessary the parents must sell assets to support the children. 

[New Landy new life]

31%? Are you paying anything to his mother as well ?

 

Wrt the age question, I stopped paying the maintenance of my daughters to my ex when my children left school and went to University.

 

However I kept the obligation and used the money to pay varsity and res fees, allowance etc.

 

Both are still studying and I still pay even though they are in their twenties. But, they also work and earn their own money.

 

Remember, just because he has an 18th birthday does not stop him from being your son.

That is only for him but my wife was the one who said how much he costs her. Hence I asked if the % seemed right or not

 

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[Kranswurm]

One more question to those with experience on Maintenance for children.

 

The way my portion has been calculated works out that 31% of my Nett Salary (take home amount) every month is going to his support.

 

Does that sound reasonable ?

 

Also, the wording in the draft contract states that I am liable until the age of 18 or until he is self supporting, whichever event last occurs. Should there not be a cutoff age to prevent this going on for many years should he not find employment or not able to support himself as some children can end up living until age 30 with their parents.  I very much doubt he is this way inclined and am sure he will be a success, but safer to have a cut off age at say 23 or so ??  Opinions appreciated.

Just remember you have an obligation to ensure he has a decent roof over his head as well.Hardly for your son to live in a shack because his mother cannot afford better

[Gen]

That is only for him but my wife was the one who said how much he costs her. Hence I asked if the % seemed right or not

 

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If her amount is honest then she'll have proof of expenses so should be easy enough to confirm.

 

Bills add up so I could get that it could rearch 31%

 

 

 

 

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Edited February 28, 2018 by Gen

[New Landy new life]

Thanks guy's. Good advice.

I think it is reasonable and I can afford it.

 

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[Honkdonk]

Ask to see the breakdown of totals that get her to that amount.

 

Mine had things like Uber, holiday expenses, an exorbitant amount for pet food, levies and insurance for her property she rents out. So go through it with a fine tooth comb..

[Red Robin]

Also see if it is possible to pay some of the costs directly so you know those items are in fact paid. No good you paying your wife and she doesn't pay the school fees etc.

[New Landy new life]

Also see if it is possible to pay some of the costs directly so you know those items are in fact paid. No good you paying your wife and she doesn't pay the school fees etc.

Yes. That is in the plan

 

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[Amberdrake]

Sounds like your doing good all things considered, hopefully things resolve in the best way possible. 

Good luck

[Odinson]

30! I was out the house at 18 working poor paying jobs to get by. Youth of today are a mess.

 

Wow, nobody's ever said that before! Very fresh and insightful view.

[Rata-tat-tat]

Wow, nobody's ever said that before! Very fresh and insightful view.

Are you not getting enough attention at home? Shame, poor child.

[HDW]

Are you not getting enough attention at home? Shame, poor child.

 

Youth today are a mess.

[Letum911]

Youth today are a mess.

 

Judging by the theme of this thread I think the majority of the people today have their own messes... 

[Kranswurm]

Youth today are a mess.

Adults today are a mess