Divorced man ordered to support stepchildren
A man has failed in his attempt to be exempted from financially maintaining his ex-wife’s children.
The Western Cape High Court said the man’s plea and conduct amounted to the assumption of a parental role and that it would not be in the best interests of his stepchildren, aged 14 and 16, to permit the withdrawal of financial support as they had become accustomed to the comforts he provided them.
TimesLIVE reports that the court further held that the children’s constitutional right to parental care extended to step-parents who acted in the stead of a biological parent.
The man, who is the appellant, married the first respondent in April 2018, out of community of property subject to the accrual system.
The marriage deteriorated during late 2023 and the parties separated. In early 2024, the wife instituted divorce proceedings.
She also sought maintenance for herself and her two children whom she brought to the marriage. She also wanted the man to pay towards her legal costs for the divorce. The man, who did not legally adopt the children, opposed the application and disputed any obligation to maintain them and was granted the right to appeal the matter.
According to the judgment, the man had stated that he held no parental rights or responsibilities in respect of the children and denied any obligation to maintain or support them.
He emphasised that both the children’s biological father and his ex-wife, who is a dietician, remained fully involved in the lives of the children and that they were financially responsible for their maintenance.
TimesLIVE notes that the court held a different view while it enforced his responsibilities as contained in the divorce settlement.
‘The High Court accordingly ordered the applicant to pay cash maintenance of R40 000 per month, retain the children on his medical aid and pay medical expenses, make additional monthly payments, including a monthly amount up to R35 000 for the ex-wife’s rent, and contribute towards legal costs in the amount of R1m,’ read the judgment.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
