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16 Nov 2004

Will I win <br><br>Will I win ?
I've got a 5 yr old daughter. I broke up with her father 4yrs ago.she stays with me and he used to support and send her money every month. He stopped paying anything in April this year and he told me that he's in financial difficulty.I went to the maintannance office and he offered to pay R900,00 a month for our daughter . Another complication is that my daughter is diabetic. I refused the offer as I wanted a better amount. Now the issue is that I've just realised that he earns less than I thought he earns. There is a maintainance hearing next week (22nd) and I want to know if it is possible that the court can end up granting me less than what he offered. I wanted R1300,00 and he offered R900. After all his debit order deductions, he's left with about R1500 for food ,petrol etc,I even doubt if he's going to have food to eat if he has to pay R900 every month. I do want money for my daughter but I even doubt if he's going to afford what he offered me. And when he made the offer I was'nt aware that he was earning so little money and I rejected the offer hence the maintannance hearing next week. I'm afraid I might end up getting less than the amount he offered me .
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Expert
CyberShrink
cybershrink

01 Jan 0001

It sounds very sensible of you to take his revised situation into account, and the court ought to do likewise. Explain to the court that when you refused the offer, you were unaware of his changed circumstances, and that you're prepared to consider receiving a smaller amount until he is again able to afford the full amount needed. Or talk with him and make an out of court settlement together. As for what he can afford, maybe a lot depends on both what he does have, and what those "deductions" are. Could he add the child to his medical aid perhaps ?
Maybe if the sitation is in reality a bit complex, the Court would be best placed to get the evidence and facts, and make a balanced decision ?
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