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South Africa decisions
Decisions matching the current search
X.E.G v G.E.R (2014/11362) [2023] ZAGPJHC 893 (10 August 2023)
The High Court dismissed an application to vary a maintenance order and to set aside warrants of execution, finding inadequate financial disclosure and no basis for bad faith.
J.F.L v T.G.L (A3080/2020) [2023] ZAGPJHC 90 (6 February 2023)
The High Court dismissed an appeal against refusal to discharge or reduce spousal maintenance, finding no proper condonation and no proof of inability to pay.
SJD v RKL (17/08208) [2022] ZAGPJHC 149 (15 March 2022)
Contempt upheld for failure to pay child maintenance; the respondent was given 31 days to pay arrears or face 10 days’ imprisonment, plus attorney-client costs.
M.J.B v J.S.J.B (Al30/2021) [2021] ZAFSHC 18 (28 January 2021)
The High Court upheld an appeal against increased spousal maintenance, set aside the magistrate’s orders, and remitted the matter for rehearing on proper evidence.
A R v M N (26583/2014) [2020] ZAGPJHC 215 (21 September 2020)
The court held a father in contempt for repeatedly failing to pay maintenance for his minor children, imposed suspended committal, punitive costs, and allowed steps toward salary attachment.
M.C.H.S v D.B.S (21987/2020) [2020] ZAGPPHC 197 (3 June 2020)
The High Court struck an urgent contempt and maintenance-enforcement application from the roll, finding that the matter did not meet the threshold for urgency.
G.L.R v S (CA&R 41/19) [2020] ZAECGHC 31; 2020 (2) SACR 30 (ECG) (29 April 2020)
The court held that the maintenance order did not lapse automatically when the child attained majority. The wording 'the minor child' identified the beneficiary by reference and did not qualify the duration of the order. The appellant's duty to pay maintenance continued until the order was varied or terminated by the court, regardless of the child's age, as she was not self-supporting. The appellant consciously chose to rely on advice from a layperson, disregarding competent legal advice, and did not act out of ignorance or error. His conduct demonstrated knowledge of unlawfulness and a lack…
Source excerpt
L S v R S (3646/2012) [2019] ZAGPJHC 442 (15 October 2019)
The court held that a Rule 43 maintenance order did not survive the final divorce judgment and dismissed urgent relief to enforce or vary maintenance pending appeal.
P.P v M.P (11672/2017) [2018] ZAWCHC 140 (6 November 2018)
The High Court varied a divorced spouse’s maintenance escalation clause from a fixed 12% yearly increase to CPI plus 2.5%, subject to a 12% cap.
M v M (0042146/17) [2018] ZAGPJHC 506 (20 August 2018)
The High Court varied a divorce settlement to end maintenance for two adult children, finding they were capable of self-support and had refused opportunities.
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