Shocking Court Ruling: Man Ordered to Pay Stepchildren’s Maintenance Amid Divorce
A man has been ordered by the Cape Town High Court to continue paying maintenance and providing financial support to his stepchildren, even though he is in the midst of a divorce with their mother. In the shocking ruling, the High Court ruled that it would not be in the best interests of the step children for step parents to be allowed to abruptly abandon them the moment they fell out of love with their parents.
The ruling was made by Judge Daniel Mafeleu Thulare of the Cape Town High Court.
“Children Used to High Standard of Living”
The couple, married since 2018, had no biological children together but both had children from previous marriages. The woman, who brought two children into the marriage, argued that they had become accustomed to a lavish lifestyle, living in a R10 million home and attending private schools. She claimed that her husband had provided for them during the marriage and it would be harmful for him to stop now.
“They were severely prejudiced by his sudden withdrawal,” she told the court. The woman added that the children had lived primarily with the couple for the past eight years.
Court’s Decision
Despite the man arguing that he had no legal duty towards his stepchildren, the court ruled that his actions during the marriage presented him as a parental figure. Judge Thulare, who presided over the case, said,
“It would not be in the best interests of the children if a stepparent could simply abandon them when they fall out of love with their partner.”
The court pointed out that the children had benefited from the man’s financial support, including luxury holidays, private schooling, and expensive gifts. The judge further noted that the stepfather’s own public statements, including a message to colleagues, expressed his commitment to continue providing for the children.
Although the biological father of the children is alive and continues to pay maintenance, the court found that this did not diminish the stepfather’s responsibility, given his role during the marriage.
The ruling ordered the man to cover the costs of maintaining the children, their mother’s spousal maintenance, and several lifestyle expenses, including rent, Wi-Fi, and even golf memberships.
No Legal Obligation?
The man had argued that he never promised to maintain the children long-term, as they were still in contact with their biological father, who also contributed to their maintenance. However, the court held that his conduct during the marriage made him liable.
Additionally, he was ordered to contribute to his estranged wife’s legal fees, totalling R1 million over five months. The decision has been met with mixed reactions, with some saying the man is being unfairly burdened, while others feel the children’s welfare must come first.