Tracy Sischy Attorneys in Randburg is a boutique law firm that was established during 2003 and which specialises in maintenance for children and spouses.

Maintenance is governed by the Maintenance Act 99 of 1998.

WHY DO I NEED LEGAL REPRESENTATION WHEN DEALING WITH MAINTENANCE FOR A CHILD OR SPOUSE?

Where the parents are married and have reached an agreement it is very important that a divorce settlement agreement is properly drafted to deal with maintenance for the spouse if applicable, and maintenance for the child.  We have the experience to make sure that you and your child’s rights are protected.

If a divorce is opposed you will require expert guidance to prove the maintenance requirements for the spouse and the child.  When the spouse and the child cannot wait until date of divorce you will need our legal assistance to bring a Rule 43 application for interim maintenance.

Children of unmarried parents will first try to mediate a Parental Responsibilities and Rights Agreement which deals with maintenance for the child.  We have vast experience in these types of agreements.   Once an agreement of maintenance for the child is reached the relevant maintenance paragraphs has to be made an order of court by the appropriate Maintenance Court.  If this is not done, the maintenance agreement is not enforceable and you may receive maintenance short or late.

If the parties are unable to agree on maintenance for the child we are maintenance law experts and we can assist you to bring a maintenance court application from the appropriate Maintenance Court.

We have a boutique legal firm which has been practicing since 2003 and we can provide you with specialist family law advise and guidance.

 SPOUSAL MAINTENANCE

DIVORCES & SPOUSAL MAINTENANCE

Where the parents are married and are unable to reach an agreement in respect of maintenance for the spouse the divorce becomes opposed, which means that it becomes more complicated, and that you need a specialist maintenance attorney such as Tracy Sischy Attorneys.

WHAT FACTORS DOES THE COURT TAKE INTO CONSIDERATION WHEN AWARDING SPOUSAL MAINTENANCE?

The Court considers whether the spouse needs maintenance or not.  Even where spouses earn a salary the Court can still find that they need a limited contribution towards maintenance for example medical aid.  The Court will also decide whether the maintenance will be until death or remarriage, or rehabilitative of nature.

The Court will consider the means of both parties which refers to their financial position in respect of their net worth, and the Court will consider the income of both parties.

SPOUSAL MAINTENANCE UNTIL DEATH OR REMARRIAGE

When divorces are opposed there is often an expectation that the wife or the spouse who earns less has to vacate the family home only with the clothes on their back.  This is not legally correct as spouses have a financial duty of care to one another.

In the example where a housewife is already older and there is not a reasonable expectation that she can obtain gainful employment, her maintenance will be until her death or remarriage.

REHABILITATIVE MAINTENANCE FOR SPOUSES

Rehabilitative maintenance is maintenance which is for a  limited period of time, to assist the spouse to get back onto their feet.

It can be for a limited period such as 6 months or a longer period such as 3 years.

Maintenance can be limited to medical aid and medical costs or it can be comprehensive.

The spouse can also request payment for the relevant qualification to help him or her to enter the employment market.

Comprehensive spousal maintenance can include various necessities which includes;

(a)       Medical aid,

(b)       Medical costs not covered by medical aid,

(c)        Use of a vehicle,

(d)       Costs associated with a vehicle such as vehicle instalment payments, insurance, licencing fees, e-toll, tracker, service and repair costs,

(e)       Household expenses which includes but is not limited to; accommodation, a deposit for accommodation, transport, cellphone, Wi-fi, and the like,

(f)        A cash contribution towards groceries, clothing, fuel and the like.

RULE 43 AND SPOUSAL MAINTENANCE

The Court only makes an order for spousal maintenance at date of divorce.  However opposed divorces can take long periods of time.  Where a divorce is opposed a spouse will often apply in terms of Rule 43 for interim maintenance pending the divorce.

It is common practice to also apply for a contribution towards legal costs as part of the Rule 43 relief.

CHILD MAINTENANCE

MAINTENANCE AND CHILDREN

The custodian parent of the child will require maintenance for the child.

When negotiating maintenance for your child you will normally consider the following;

(a)       Medical aid,

(b)       Medical costs not covered by medical aid,

(c)        Educational costs which includes Pre-Primary, Primary, Secondary and Tertiary tuition fees and related costs which includes but is not limited to; books, stationery, school uniforms, school trips and the like.  It is important to state whether the tuition fees are public or private,

(d)       Extra murals and related costs,

(e)       That maintenance will continue until the minor children are self-sufficient.  If it is not specifically stated maintenance will stop when the minor child turns 18 years,

(f)        A cash contribution will be the amount of money that a child reasonably requires for proper living and upbringing and it includes; food, clothing, accommodation and the like,

(g)       It is important to state that the cash contribution increases annually.  The annual increase will either be a certain percentage such as 6%, 8%, 10% or CPI.

HOW DOES THE COURT DETERMINE THE CHILD’S MAINTENANCE IN A DIVORCE?

Both parties have to contribute towards the child’s maintenance.

Maintenance is only enforceable once it is made an order of Court.

The Court will determine the child’s maintenance needs and then how it must be apportioned between the parents according to their respective means which refers to their assets and values of their estates, and their respective income.

For example if one parent earns R15 000.00 per month net, and the other parent earns R30 000.00 per month net the ratio will be 33% to 66% and the Court will order the parent to pay 66% of the child’s educational, medical and living costs.

RULE 43 AND MAINTENANCE FOR CHILDREN

The Court only makes an order for maintenance in respect of children at date of divorce.  However opposed divorces can take long periods of time.  Where a divorce is opposed the custodian parent will often apply in terms of Rule 43 for interim maintenance for the child pending the divorce.

It is common practice to also apply for a contribution towards legal costs as part of the Rule 43 relief.

MAINTENANCE COURTS

We are a boutique firm that specialises in maintenance law and appearing in local Maintenance Courts.  We will guide and assist you with completing the necessary forms and doing the necessary calculations to determine your child’s maintenance needs.

We can also assist you in variation of maintenance orders.  For example may feel that the maintenance order is no longer sufficient and that she needs an increase for her child’s maintenance.  A father’s income may be reduced and we will assist him to apply for a reduction of maintenance.

Where there is a maintenance order in place but the maintenance is in arrears we will guide you to collect the arrears.  You may choose to have the father arrested, to obtain an emoluments attachment order on his salary, or we can assist you to have a warrant issued against him in which case the sheriff of the court will attach and sell his assets.  We also have vast experience in attaching pension funds to cover arrear maintenance.