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Barend B.
Barend B., Legal Consultant
Category: South Africa Law
Satisfied Customers: 1336
Experience:  BLC LLB (Pret) LLM (Augsburg)
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My ex-boyfriend and I separated before the baby was born. I

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My ex-boyfriend and I separated before the baby was born. I am in no means going to make ridiculous financial demends from the father but I believe that every parent should atleast be financially responsible for the upbringing of the child even if they are separated.I would like to know if can claim for child maintanance even if I make more money than him? I make 3-4 time what he makes and am paying a bond and a car but he does not have these. He is educated (engineering degree) an a hard worker and i believe he salary will increase in future.

Good afternoon,

When the biological parents split up, it is always good to draft a parenting plan which sets out the rights and duties of each parent, which will include maintenance and visitation. If he is not interested in visitation, include that in the parenting plan (agreement) and let him sign it.

As far as maintenance is concerned, maintenance is calculated by first establishing the need for maintenance. How much does your baby need? And then you establish what each parent can contribute. Take your income and his income and work out a percentage of what each parent must contribute to the maintenance of the child. each parent has an equal duty to maintain the child, but each according to his/her means. If your baby, by example, needs R3000 per month, and your earn R20,000 per month and he earns R10,000, then he will be responsible for one third, namely a R1000, of the monthly maintenance.

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