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South Africa decisions
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U.DJ v J.H.O (9169/2022) [2024] ZALMPPHC 2 (15 January 2024)
The High Court dismissed a defendant’s exception to a mother’s claim for reimbursement of child maintenance contributions, holding the particulars disclosed a cause of action.
L.M.T.M v T.M.M (5169/21) [2022] ZAGPPHC 560 (3 August 2022)
The court found that the applicant made full and honest disclosure of her financial position, while the respondent failed to disclose his true income and understated his earnings. The respondent's bank statements contradicted his claims of low income, revealing substantial monthly drawings. The court held that both parties have a duty to contribute to the joint household according to their means, and the respondent's refusal to do so was a violation of this duty and the applicant's right to dignity. The court further held that the applicant is entitled to maintenance pendente lite and a contr…
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CL v CJL (3437 / 2022) [2022] ZAWCHC 127; 2023 (1) SA 513 (WCC) (17 June 2022)
The court held that while parents retain a duty to maintain adult-dependent children who are not self-supporting, the right to claim maintenance for such children in divorce proceedings is procedurally complex. The applicant may claim for expenses incurred in supporting an adult-dependent child living in the common home, but specific claims for tertiary education, equestrian expenses, and a new vehicle are not competent unless the adult-dependent child is joined or files a confirmatory affidavit. The court found the facts insufficient to justify orders for these specific expenses and dismisse…
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