Woman seeks R51,000 child maintenance to take her teen daughter to a dance school! A mother seeking to secure a brighter future for her daughter as a professional dancer faced a setback when the Western Cape High Court dismissed her urgent application for R51,000 in monthly child maintenance.
The funds were intended to cover her daughter’s attendance at a prestigious new dance school.
A Rising Star in Dance
The case centered on a 14-year-old girl from Hermanus described as an exceptionally talented dancer with significant achievements, including representing South Africa at the 2024 Dance Star Competition in Croatia.
The mother, whose identity has been withheld to protect her daughter’s privacy, argued that her daughter’s current school in Hermanus no longer provided the opportunities needed to excel. She sought to enroll her at Prestige Dance in Somerset West, a school she believed could offer the international exposure necessary for her daughter’s dreams.
The Mother’s Case
In her application, the mother claimed the transition to Prestige Dance would require relocating from Hermanus to Green Point to reduce travel burdens. She estimated monthly expenses at R51,000, including R15,000 for school fees, R22,500 for accommodation, and R3,000 for transport.
She emphasized the urgency of the matter, asserting that missing the opportunity to join the dance team in 2025 could significantly harm her daughter’s future prospects. She also argued that her ex-husband, earning over R100,000 per month after deductions and owning assets such as cryptocurrency and properties, was financially capable of meeting the increased maintenance demands.
The mother explained that her own earnings, comprising R6,000 from a cleaning service and R30,000 monthly from the divorce settlement, were insufficient to cover the costs.
The Father’s Response
The father disputed the urgency of the application, asserting that it was an attempt to bypass the proper maintenance inquiry process. He currently pays R7,000 monthly in child maintenance and covers all his daughter’s needs.
He argued that the urgency was self-created, as the mother had been aware of the proposed school change since September 2024. According to him, they had met to discuss the matter as per their parenting plan and initiated mediation, which the mother abandoned midway before filing the urgent application.
He further claimed that the mother’s dissatisfaction with the divorce was driving her actions, describing the application as an attempt to “take a second bite at the cherry.”
The Court’s Decision
Judge Mas-uda Pangarker sided with the father, concluding that the urgency was self-created due to the mother’s delay in approaching the court.
“She effectively waited more than three and a half months before approaching this court,” stated the judge. “Her failure to approach the court at that stage, alternatively, delaying the matter for months and waiting to approach the court until a few days before the commencement of the 2025 school year, I hold the view that urgency was self-created.”
As a result, the court dismissed the mother’s application for increased maintenance.
Consideration for the Child’s Best Interests
Despite dismissing the application, Judge Pangarker emphasized the importance of assessing the child’s best interests, particularly regarding the proposed relocation to Cape Town and the change in schools. The court ordered that these aspects be evaluated by a professional as soon as possible.
Broader Implications
The case underscores the importance of adhering to proper legal processes when seeking adjustments in maintenance agreements. It also highlights the delicate balance courts must strike in considering both parents’ rights and the best interests of the child.
While the court dismissed the mother’s urgent application, the order for a professional assessment ensures that the child’s aspirations and well-being remain a priority. This approach aligns with South Africa’s commitment to safeguarding children’s rights in family law matters.
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