V S v A S (12496/2019) [2020] ZAGPJHC 27 (11 February 2020)

V S v A S (12496/2019) [2020] ZAGPJHC 27 (11 February 2020)

The court found that the applicant's claimed expenses far exceeded the respondent's means, and that the respondent already paid a substantial portion of his income towards family expenses. The applicant's assertion of unemployability was rejected, with the court noting she should make efforts to find employment. The respondent's income was determined to be approximately R36,100 per month, and the applicant's request for maintenance and legal costs was found to be excessive and unsupported by evidence. The court ordered reasonable interim maintenance for the applicant and children, with the respondent to continue paying medical aid and school fees directly to service providers. The request...

Citation
[2020] ZAGPJHC 27
Parties
Applicant: S. V M (born M); Respondent: S. A
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
11 February 2020
Case Number
12496/2019
Procedural Posture
Rule 43 Application / Interim Relief Pending Divorce
Outcome
The application partially succeeds. The respondent is ordered to pay interim maintenance for the applicant and children, continue paying medical aid and school fees, and interim contact arrangements are set. The costs of the application are reserved for determination in the final divorce action.
Judges
Bam
Legal Topics
Maintenance Pendente Lite, Rule 43 Procedure, Parental Responsibilities and Rights, Interim Contact Arrangements
Family and Children Civil Procedure Maintenance Pendente Lite Rule 43 Procedure Parental Responsibilities and Rights Interim Contact Arrangements

Case Brief

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Parties

S. V M (born M)

Applicant

S. A

Respondent

Procedural Posture

Rule 43 Application / Interim Relief Pending Divorce

Legal Issues

  1. 1 Whether the applicant is entitled to interim maintenance for herself and three minor children pending the divorce.
  2. 2 Whether the applicant is entitled to a contribution towards legal costs from the respondent.
  3. 3 What interim contact arrangements are appropriate in the best interests of the minor children.

Ratio Decidendi

The court found that the applicant's claimed expenses far exceeded the respondent's means, and that the respondent already paid a substantial portion of his income towards family expenses. The applicant's assertion of unemployability was rejected, with the court noting she should make efforts to find employment. The respondent's income was determined to be approximately R36,100 per month, and the applicant's request for maintenance and legal costs was found to be excessive and unsupported by evidence. The court ordered reasonable interim maintenance for the applicant and children, with the respondent to continue paying medical aid and school fees directly to service providers. The request...

Court Disposition

The application partially succeeds. The respondent is ordered to pay interim maintenance for the applicant and children, continue paying medical aid and school fees, and interim contact arrangements are set. The costs of the application are reserved for determination in the final divorce action.

Orders

  • The respondent is ordered to pay maintenance for the applicant in the amount of R3,800 per month and R2,500 per child per month, pendente lite, by direct payment into the applicant's bank account.
  • The respondent is ordered to continue paying medical aid contributions and private school fees for the three children directly to the service providers.