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JJ
JJ, Attorney
Category: South Africa Law
Satisfied Customers: 4396
Experience:  Admitted Attorney 17 years experience
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Hi, I have really enjoyed reading some of the articles

Customer Question

Hi,

I have really enjoyed reading some of the articles on this website and am really hoping that someone will be able to help me.

I recently gave birth to my son who is now three months old. His father was aware that I was pregnant from the time I found out (9 weeks) and has only contacted me once. Since the last time we spoke, I have not had any communication with him at all, he was aware of my due date but has avoided to contact me to see his child. He denied that the child was his from the very beginning, but threatened me, that if the child was his, he would fight for full custody. (I am not sure if h maybe said this to scare me off)

I was not on medical aid when i found out I was pregnant, so I was solely liable for all medical costs which added up to R 60 000. Since I had my son he has been solely dependable on me for clothes, food, nappies and care. I live on my own and have a full time job too, life has been tough since I had my son but I love him with all my heart.

During the time of my pregnancy, my sons father met another woman and got engaged to be married, while I suffered a very hard pregnancy (I went into early labor twice, which was the most frightening experience I have ever had) and delivered my son on my own. And have been the only parent around to wake up at night and look after him etc

I would like to find out 4 things please:

1) Would I be able to claim back any portion/all of the money (R60 000) I used to deliver my son?
2) I am very scared that the father will seek for custody or rights to my son, as I do not trust him and the fact that he has neglected his child since i fell pregnant. My question to point 2) What will his rights be as the biological father?
3) Will I be allowed to claim maintenance from him and not allow him to see my son?
4) Lastly what amount of maintenance would I be able to claim from him, I earn R8000 per month. My rent on my home is R4400, the nanny who takes care of my son while i work R2500, I spend R1000 on formula and nappies per month for my son.

As you can see the above all adds up to my total of my salary, none of my other Expnses have been taken into account such as Electricity (R500) my car (R1900) groceries (R1000 Min) Petrol (R1000 Min) or even clothing for my son as he gets bigger. Nore does it include medical aid for my son.

Just last week, my son had bronchitis at only 3 months old which cost me R2000 to get him seen by a doctor and treated (R600 Doctor) & (R1400 Medication).

Unfortunately I cannot offer my child the 200% that he has a right to, simply because his biological father does not care, or contribute.

Please can someone help me with my questions, as I feel I have suffered enough and refuse to allow this to happen to my child. I know I am an excellent mother but also feel like I have failed him because his father is not around :(
Submitted: 10 months ago.
Category: South Africa Law
Expert:  JJ replied 10 months ago.
Hi

Welcome to Just Answer!! Thank you for giving me the opportunity to assist you.


1) Would I be able to claim back any portion/all of the money (R60 000) I used to deliver my son?

You will certainly be able to claim 50% of the costs back. He has a common law responsibility and also in terms of the maintenance act.


2) I am very scared that the father will seek for custody or rights to my son, as I do not trust him and the fact that he has neglected his child since i fell pregnant. My question to point 2) What will his rights be as the biological father?

The biological father have strong rights, same as the mother in terms of the children's act. The child is still very young though and the court will never give full custody if so young. Custody also not mean that the child needs to stay with him, it just means that he needs to be involved in decisions around for example his schooling etc.

3) Will I be allowed to claim maintenance from him and not allow him to see my son?

You can claim maintenance and strongly advise that you do. You can however in terms of the children's act not deny him access to the child.

4) Lastly what amount of maintenance would I be able to claim from him, I earn R8000 per month. My rent on my home is R4400, the nanny who takes care of my son while i work R2500, I spend R1000 on formula and nappies per month for my son.

The norm is around R3000 per month, depending on whether he will be able to afford such an amount. He should come and prove to the maintenance court that he cannot afford it.


You need to start proceedings in respect of maintenance. You owe it to your child.
Customer: replied 10 months ago.

Hi JJ,


 


Thank you for the information above,


 


Where do I go from now with regards XXXXX XXXXX the process?

Expert:  JJ replied 10 months ago.

Hi Fionna

You will have to go to your nearest magistrates court to the maintenance court general office where you will be asked to complete the necessary forms.

JJ, Attorney
Category: South Africa Law
Satisfied Customers: 4396
Experience: Admitted Attorney 17 years experience
JJ and other South Africa Law Specialists are ready to help you
Customer: replied 10 months ago.

Thank you for the help JJ!


 


I will be sure to apply everything you said to my current situation :)

Expert:  JJ replied 10 months ago.
All the best and really hopes that it helps.

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