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Regarding child maintenance.
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Hi,
My friend is currently in the process to get a divorce. His wife has several men friends who she goes out at night with. They have 2 lovely boys aged 4 and 2 years. She is the one that wants to divorce and said that he does not have to pay any child maintenance due to the fact, according to her, that she can look after the children on her own. My questions are the following;
1) Does the law prescribe a minimum R value to be paid as child maintenance by the person who does not get custody of the children? I know of cases where both parents had to submit balance sheets of their income and expenses and even if the mother could afford to financially look after the children, the father had to pay a minimum amount per month per child?
2) Can the mother declare in a contract that she does not want any financial assistance from the father?
My friend is currently in the process to get a divorce. His wife has several men friends who she goes out at night with. They have 2 lovely boys aged 4 and 2 years. She is the one that wants to divorce and said that he does not have to pay any child maintenance due to the fact, according to her, that she can look after the children on her own. My questions are the following;
1) Does the law prescribe a minimum R value to be paid as child maintenance by the person who does not get custody of the children? I know of cases where both parents had to submit balance sheets of their income and expenses and even if the mother could afford to financially look after the children, the father had to pay a minimum amount per month per child?
2) Can the mother declare in a contract that she does not want any financial assistance from the father?
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I am not a lawyer and good for me for that. I have had some college law.
They can make their own agreement about how to divide up all the property and about the custody and child support. But it has to be deemed fair and approved by the judge.
Note that both parents contribute to child support, even if one parent does it only with time and care....
They can make their own agreement about how to divide up all the property and about the custody and child support. But it has to be deemed fair and approved by the judge.
Note that both parents contribute to child support, even if one parent does it only with time and care....
Answer Date: 04:50am 07/21/08
