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Chapter 8 - Family Law and Violence against Women
APPLICATION FOR MAINTENANCE: CASE NUMBER 276/99
APPLICANT: RUBY BROWN
DEFENDANT: JACK MHLOPE
[Ruby is applying for maintenance so she is called the APPLICANT. Jack is the person from whom she wants the money so he is called the DEFENDANT.]
INCOME PER MONTH:
[This is where Ruby puts down all the money she gets every month. Ruby should put it all down. It doesn't matter where it comes from as long as it isn't money she gets from doing something illegal, like selling dagga or drink or from illegal sex work. It is also a good idea to explain in your list of income and expenses why or how you get that amount.]]
25 hours a week at R15 an hour (R375 per week x 4.3 = R1612.50 per month)[Amounts should be given per month. To calculate a monthly amount multiply the weekly amount by 4.3]
Rent for room from boarder
| SOFT GOODS SALES |
R 500 per month |
Income from sale of soft goods (R72 per week x 4.3)
| MAINTENANCE |
R 550 per month |
Paid monthly by K Cupido for Daniel
| TOTAL INCOME PER MONTH |
R 3162.50 per month |
EXPENDITURE PER MONTH:
[Ruby must show how much she spends on Thandi every month. The Maintenance Court will not make Jack pay half of all her expenses which include expenses for children that are not his and her mother.]
| ITEM |
GENERAL
[what it costs Ruby for everyone] |
THANDI |
| RENT |
R 900 |
R 150.00 |
R300 per month (R300 divided by 6 = R50)[6 people live in the house (Ruby, mother, Thandi,3 other brothers and sisters). A share for each of them is R50.]
| ELECTRICITY/WATER |
R 94.00 |
R 15.67 |
Electricity account is usually R94(R94 divided by 6 = R15.67)[6 people live in the house. A share for each of them is R15.67.]
Meat: R130 per week = R559 per month
Bread and milk: R8.40 per day = R126.42 per month
Vegetables etc: R76 per week = R326.80 per month[6 people live in the house. A share for each of them is R189.87. Although Thandi is only 11 she probably needs as much food as a grown-up.]
Fees: R20 per term x 4 terms x 4 children = R320 per year
Stationery and text books:R100 per term x 4 terms = R400 per year
School dresses: R98 x 6 = R588 per year
Shirts: 8 x R66 = R528 per year
Trousers: 5 pairs x R84 = R420 per year
Shoes: R118 a pair x 8 pairs = R944 per year
Jerseys: R90 x 6 = R540 per year
Socks etc: R130 per year
Total: R3870 per year[Ruby adds up how much she spends on all the children at school for the year. Then she divides by 12 to make that into a monthly amount. Then she divides that amount by 4 to get the total for each child per month.]
| CLOTHES |
R 590.00 |
R 116.68 |
Ruby: Truworths budget account R100
Children: Jet budget account R240
Edgars budget account R180
All: Layby General Clothing Store R70[Remember with this one that when Ruby works out what she spends on Thandi's clothes, she doesn't put in her own Truworths account. And where she spends only on the children, she must divide the total by the number of children she has (4) and for the lay-bys she divides it by all of them in the house (6).]
| INTERESTS / HOBBIES |
R 120.00 |
R 40.00 |
Karate: Thandi, Robert, Kholeka R40 per month each
| FURNITURE |
R 130.00 |
R 21.66 |
Ellerines Furniture Store: fridge R130 per month[6 people live in the house. A share for each of them is R21.66.]
| MEDICAL |
R 310.00 |
R 170.00 |
All: R100 (generally 1 hospital visit per month each)
Thandi: doctor once a month at R50 a visit
Chemist account for all: R160 per month[Thandi has asthma and so she costs more in doctors and medicine every month. So R120 of the R160 chemist account every month is for Thandi. If Ruby was on medical aid and she paid, say, R200 per month for it, and it helped Ruby and her 4 children, then Jack should be made to pay for Thandi's share of the medical aid (R200 divided by 5 = R40).]
| TRANSPORT |
R 173.60 |
R 32.00 |
Bus fares for school for 2 children
R6 each per week x 2 x 4.3 = R51.60
Train fares for Thandi+Ruby+one other child
monthly tickets R24 x 3 = R72
Casual fares for all R50
| TOTAL EXPENDITURE PER MONTH |
R 3 778.74 |
R 726.40 |
LOANS
From mother to get through the month
Employers |
R 600.00
R 200.00 |
R 100.00
R 40.00 |
| LOAN REPAYMENTS |
R 466.68 |
R 77.80 |
Repayment of loans
Mother: R200 less for her rent / board
Employers: Ruby works for R2 less per hour
than she usually charges, and her employers
pay the children's school fees for her[It is important to work out how much extra you are using every month and to work out where it is coming from. Otherwise you may be accused of lying about your claim for maintenance.]
TOTAL for Thandi |
R 726.40 |
TOTAL CLAIMED FROM JACK FOR MAINTENANCE OF THANDI |
R 358.20 |
[This will depend on what Jack earns and what his monthly expenses are. But Ruby should ask for at least half of what Thandi costs. And if she knows that Jack earns a lot more than she does, Ruby should ask for more from Jack.]
[Don't forget to put on your list any OTHER ACCOUNTS / EXPENSES you might have.]
Model prepared by Pat Anderson.
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