A father of two minor children, who “purposely resigned” from his job as an accountant in an attempt to renege on paying maintenance fees, has been ordered to pay R20 000 each month.
During court proceedings a list of recommendations, in two comprehensive reports, were submitted by a social worker and the Office of the Family advocate.
The parents of the children, aged 17 and 12, and who had divorced in 2010, said they would abide by the recommendations made by a social worker where the children have been placed in the primary care of the mother and both parents should participate in mandatory co-parenting intervention to assist them to “effectively resolve their conflict, work towards effective communication and learn to always focus on the best interest”.
Further to this and among other recommendations, the father should participate in structured intervention with a professional skilled in Positive Parenting techniques.
The course must focus on the role of the father in the family and being actively involved in raising his children.
The father was also recommended to participate in a structured reunification program together with his children “to address the lack of attachment and mistrust in their relationship”.
The social worker said in their report that the focus of the intervention or reunification would be to assist the father and the children to understand the nature of their current relationship and work towards rekindling of their relationship.
This would be aimed at restoring the father’s contact.
“Subsequent to the father and the minor children completing the reunification program for regular but short contact time to be introduced and phased in with the father by the same professional offering reunification services to establish a bond, emotional attachment, and trusting relationship.
The specific period to be determined by the professional,” the judgment read.
In light of the recommendations made, the father did not persist with the relief he sought for custody rights to the minor children and instead proceeded with a counter-claim in which he sought declaratory relief for his maintenance fees to be discounted.
Western Cape High court Judge Babalwa Mantame’s judgment read: “On 31 January 2014, the respondent alleged to have purposefully resigned from his position as an Accountant and Chief Financial Officer at (a finance and risk insurance company). At the time, he earned a salary of R107 665.50 per month. Prior to his resignation, on 13 September 2013, he launched an application for a reduction in maintenance of an amount of R10 000 per month per child, medical aid for the applicant and minor children, private school fees and crèche fees.
“From June 2014, he contributed an amount of R3 000 per month per child. There were no contributions to medical aid, private school fees and related expenses. The maintenance payments that he made were said to be irregular.
In November 2017, he contributed an amount of R3 250 per month per child, without any other contributions to other expenses. From November 2018 to date, he has contributed an amount of R3 500 per month per child without any contributions to other expenses.
The Family Advocate stated in its report that there have been no maintenance contributions by the respondent since February 2023,” the judgment read.
Cape Times