S v S (14571/2015) [2015] ZAGPPHC 874 (20 November 2015)

S v S (14571/2015) [2015] ZAGPPHC 874 (20 November 2015)

The court found that neither party made a full disclosure of their income, but accepted that the applicant's current income is similar to what she earned during the marriage. The applicant's expenses were adjusted to exclude notional rental and utility costs not actually incurred. The respondent, having failed to disclose his income, was assumed to be able to afford reasonable maintenance for the minor child. The court determined that the respondent should contribute R5000 per month towards the minor child's maintenance, in addition to school fees, aftercare, and medical aid contributions. The applicant was found not to be entitled to interim spousal maintenance or a contribution towards...

Citation
[2015] ZAGPPHC 874
Parties
Applicant: [E……] [S……..]; Defendant: [J……..] [S…….]
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
20 November 2015
Case Number
14571/2015
Procedural Posture
Urgent Application / Rule 43 Application for Interim Maintenance
Outcome
Application for interim maintenance for the minor child granted; application for spousal maintenance and contribution towards costs dismissed.
Judges
S Wentzel
Legal Topics
Spousal Maintenance, Child Maintenance, Rule 43 Application, Contribution Towards Costs
Family and Children Spousal Maintenance Child Maintenance Rule 43 Application Contribution Towards Costs

Case Brief

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Parties

[E……] [S……..]

Applicant

[J……..] [S…….]

Defendant

Procedural Posture

Urgent Application / Rule 43 Application for Interim Maintenance

Legal Issues

  1. 1 Whether the applicant is entitled to interim spousal maintenance under Rule 43.
  2. 2 Whether the applicant is entitled to maintenance for the minor child.
  3. 3 Whether the applicant is entitled to a contribution towards legal costs.

Ratio Decidendi

The court found that neither party made a full disclosure of their income, but accepted that the applicant's current income is similar to what she earned during the marriage. The applicant's expenses were adjusted to exclude notional rental and utility costs not actually incurred. The respondent, having failed to disclose his income, was assumed to be able to afford reasonable maintenance for the minor child. The court determined that the respondent should contribute R5000 per month towards the minor child's maintenance, in addition to school fees, aftercare, and medical aid contributions. The applicant was found not to be entitled to interim spousal maintenance or a contribution towards...

Court Disposition

Application for interim maintenance for the minor child granted; application for spousal maintenance and contribution towards costs dismissed.

Orders

  • The respondent must pay R5000 per month to the applicant towards the maintenance of the minor child.
  • The respondent shall keep the minor child as a dependent on his existing Medical Aid Scheme.