A court has ruled that a stepfather must pay maintenance for his stepchildren during divorce proceedings, even though he argued he had no legal obligation to do so.
The Cape Town High Court ordered the man to pay spousal maintenance of R40,000, cover rent up to R35,000, and maintain the woman and her children on his medical aid. Additionally, he is responsible for water, electricity, Wi-Fi, security, salaries for a domestic worker and gardener, car payments for a Toyota Cross, and golf memberships.
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Court Rules That Orders Stepfather Must Pay Maintenance For His Stepchildren
The couple married in 2018, and both have children from previous marriages. The woman’s children lived with them, while the man’s children primarily lived with their mother but frequently visited. No children were born during their marriage.
The woman argued that her children had grown accustomed to a high standard of living over their eight-year marriage. She said her children were emotionally and financially impacted when her husband withdrew from their lives after the separation.
His Argument
The man claimed he had no legal responsibility to maintain his stepchildren. He insisted he provided financial support during the marriage and spoiled them with luxury holidays, expensive cars, and private school fees. He added that the children had a strong bond with their biological father, who regularly contributed to their maintenance.
“He never withheld any financial support from the applicant and her children,” the man argued, maintaining that he only helped when she faced financial difficulties in her work as a dietitian. He also claimed his own children felt unwelcome in their home, as his wife wanted her children to be seen as “their” children while his were treated as visitors.
Judge Thulare acknowledged that under common law, stepfathers are not legally required to maintain stepchildren. However, the judge ruled that in modern South Africa, it would not be in the best interests of children for a stepparent to abruptly abandon them after a relationship ends.
The case continues as part of the couple’s ongoing divorce proceedings.