Van Schalkwyk M v Van Schalkwyk I (1982/2017) [2018] ZANCHC 52 (12 June 2018)

Van Schalkwyk M v Van Schalkwyk I (1982/2017) [2018] ZANCHC 52 (12 June 2018)

The court found that the applicant's financial circumstances had changed materially since the previous order, as she was now employed and received additional benefits. The applicant failed to provide sufficient documentation to justify the maintenance amount sought or the claimed contribution towards legal costs. The court determined that the maintenance should be reduced to R6,000 per month pendente lite, and that the applicant should retain use of the Isuzu bakkie until the divorce action. The respondent was ordered to retain the applicant as a beneficiary on his medical aid and be liable for reasonable medical expenses not covered by the scheme until the divorce is finalised. The...

Citation
[2018] ZANCHC 52
Parties
Applicant: Magdel Elizabeth Van Schalkwyk; Respondent: Izak Johannes Van Schalkwyk
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
12 June 2018
Case Number
1982/2017
Procedural Posture
Rule 43 Application / Variation of Interim Maintenance Order
Outcome
Application partially granted; maintenance reduced, medical aid retention and bakkie use confirmed, legal cost contribution refused.
Judges
M C Mamosebo
Legal Topics
Maintenance Pendente Lite, Rule 43 Variation, Contribution to Legal Costs, Medical Aid Benefits
Family and Children Maintenance Pendente Lite Rule 43 Variation Contribution to Legal Costs Medical Aid Benefits

Case Brief

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Parties

Magdel Elizabeth Van Schalkwyk

Applicant

Izak Johannes Van Schalkwyk

Respondent

Procedural Posture

Rule 43 Application / Variation of Interim Maintenance Order

Legal Issues

  1. 1 Whether the applicant is entitled to continued maintenance pendente lite in light of her changed financial circumstances.
  2. 2 Whether the respondent should continue to retain the applicant as a beneficiary on his medical aid scheme.
  3. 3 Whether the applicant is entitled to a further contribution towards legal costs from the respondent.

Ratio Decidendi

The court found that the applicant's financial circumstances had changed materially since the previous order, as she was now employed and received additional benefits. The applicant failed to provide sufficient documentation to justify the maintenance amount sought or the claimed contribution towards legal costs. The court determined that the maintenance should be reduced to R6,000 per month pendente lite, and that the applicant should retain use of the Isuzu bakkie until the divorce action. The respondent was ordered to retain the applicant as a beneficiary on his medical aid and be liable for reasonable medical expenses not covered by the scheme until the divorce is finalised. The...

Court Disposition

Application partially granted; maintenance reduced, medical aid retention and bakkie use confirmed, legal cost contribution refused.

Orders

  • The respondent is to contribute maintenance to the applicant in the amount of R6,000.00 per month pendente lite until 1 October 2018.
  • The applicant is to retain use of the Isuzu bakkie until the main divorce action.