M v M (04747/2013) [2013] ZAGPJHC 213 (20 August 2013)

M v M (04747/2013) [2013] ZAGPJHC 213 (20 August 2013)

The court found that the respondent is already paying R14,048 monthly towards the maintenance of the applicant and minor children, which constitutes 40% of his income and exceeds the applicant's claimed maintenance for the children. While some expenses by both parties were deemed excessive, the court determined that the respondent could reasonably reduce his accommodation costs and that the applicant could save on certain discretionary expenses. The court concluded that the respondent can afford to pay an additional R1,000 cash component for the children's maintenance, with the applicant expected to supplement the balance from her own savings. No case was made for a contribution towards...

Citation
[2013] ZAGPJHC 213
Parties
Applicant: M, K L; Respondent: M, D J
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
20 August 2013
Case Number
04747/2013
Procedural Posture
Urgent Application / Rule 43 Interim Maintenance Application
Outcome
Interim maintenance granted in terms of the draft order marked '7' dated 20 August 2013; no contribution to legal costs awarded.
Judges
N D Tshabalala
Legal Topics
Interim Maintenance, Rule 43 Procedure, Child Support, Spousal Support
Family and Children Interim Maintenance Rule 43 Procedure Child Support Spousal Support

Case Brief

Summary, issues, holding and outcome

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Parties

M, K L

Applicant

M, D J

Respondent

Procedural Posture

Urgent Application / Rule 43 Interim Maintenance Application

Legal Issues

  1. 1 Whether the respondent should continue paying specified expenses for the applicant and minor children pending divorce proceedings.
  2. 2 Whether the respondent should contribute R4,000 towards the applicant's legal costs.
  3. 3 Whether the claimed expenses by both parties are reasonable and necessary.

Ratio Decidendi

The court found that the respondent is already paying R14,048 monthly towards the maintenance of the applicant and minor children, which constitutes 40% of his income and exceeds the applicant's claimed maintenance for the children. While some expenses by both parties were deemed excessive, the court determined that the respondent could reasonably reduce his accommodation costs and that the applicant could save on certain discretionary expenses. The court concluded that the respondent can afford to pay an additional R1,000 cash component for the children's maintenance, with the applicant expected to supplement the balance from her own savings. No case was made for a contribution towards...

Court Disposition

Interim maintenance granted in terms of the draft order marked '7' dated 20 August 2013; no contribution to legal costs awarded.

Orders

  • The respondent must retain the applicant and minor children on his medical aid scheme and pay the premiums.
  • The respondent must continue paying for monthly bond instalments, crèche, swimming lessons for the minor son, security, telephone, and the applicant’s life policy.