A Cape Town businessman who has been defaulting on maintenance for his three children could face 30 days in prison. The order was made by the Western Cape High Court after he moved out of the home he shared with the mother of his children in April 2022.

IoL reports that the court papers didn’t explain whether the couple was married.

In November 2022, an interim order was made that he should pay R60 000 monthly maintenance, the children’s medical aid and medical expenses, their educational expenses and rental and the utilities account in respect of his former family home.

In her application, she said the father’s failure to pay rental placed her and their children at risk of being evicted.

In his reply, the father said he filed an urgent application in April 2024 for a variation of his maintenance obligations.

Acting Judge Rehana Khan Parker said the history of the litigation shows that the father made various attempts to shirk his obligations.

She added that he also made an application at the maintenance court in March 2023 where he wanted to significantly reduce his maintenance obligations without mentioning any changes in his financial circumstances.

‘I therefore cannot accept his change in financial circumstances being reliable,’ she said.

The judge said he was forced to comply with the order handed down in November 2022 or face 30 days in prison which he will serve on weekends from Friday 5pm until Monday 6am.

She said the father’s application for a variation can only be heard when he rectifies his contempt of court. He was also ordered to pay costs of the application.

Full IoL report

Judgment