Father Who Stepped Up: Court Orders Man To Pay R40K Maintenance For Stepchildren After Divorce, While Biological Father Pays Only R7K
A Cape Town businessman who gave his stepkids a life of luxury is now forking out R40,000 a month in maintenance – while their biological father contributes just R7,000 – after the Supreme Court of Appeal shot down his bid to escape the massive bill.
The SCA this week threw out the man’s appeal with costs, ruling that when you step up and play daddy for years, you cannot simply walk away and leave the children stranded . The two teenagers, now 14 and 16, had become accustomed to the soft life their stepfather provided during his marriage to their mother.
The Bombshell Message That Sank Him
The man’s own words came back to bite him hard. When he announced the split to his employees in late 2023, he sent a message that the wife’s legal team pounced on.
According to the [TimesLIVE] report, the message read:
“Insofar as our kids go, we have always strived to give them the best in terms of love, time, experience and education. None of this changes in my view and it will certainly continue … Finally, I hope you have always seen that I am loving and supportive towards [wife]. This too will continue because that is the person I wish to be. From now on it will just be in a different role or capacity and with a different perspective.”
The wife argued that by calling them “our kids” and promising the best would continue, the man had voluntarily assumed full parental responsibility .
Massive Payout While Biological Dad Pays Peanuts
In September 2024, the Western Cape High Court slapped the businessman with an interim maintenance order that would make any man’s eyes water .
The court ordered him to pay:
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R40,000 (approx R40,000) per month in cash maintenance
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Keep the children on his medical aid and pay all medical expenses
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Pay up to R35,000 (approx R35,000) monthly towards his ex-wife’s rent
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Cough up R1 million (approx R1 million) towards her legal costs
All of this while the children’s biological father contributes just R7,000 (approx R7,000) per month towards their upkeep . The mother, a dietician, also earns her own income.
The SCA Shuts Him Down Fast
The furious husband took the matter to the Supreme Court of Appeal, arguing that he had no legal duty to maintain children he never adopted. He pointed out that both biological parents were capable of supporting the kids.
But the SCA ruled it had no jurisdiction to hear the appeal. Acting Judge of Appeal Avinash Govindjee explained that Rule 43 interim maintenance orders are specifically designed not to be appealable .
The court made it clear: Rule 43 orders are temporary and provisional, meant to provide quick relief while divorce proceedings drag on. Allowing appeals would cause delays and drive up costs for everyone.
“It Cannot Be Left To Feelings”
The judgment sends a clear warning to step-parents who play the role of mom or dad during a marriage. When the Western Cape High Court originally made the order, Judge Daniel Thulare made some pointed observations about the man’s conduct.
“It [financial support] cannot be left to the feelings of the stepparent at the end of the relationship where impulse often trumps reason,” the judge said. “It is a consequence of their conscious decision as regards the child who is not their biological child at the solemnisation of and/or during the marriage” .
The court slammed the man’s abrupt withdrawal of financial and emotional support as “shocking behaviour towards the children” .
“Abrupt Change” After Separation
The judgment detailed how the family lived the high life during the marriage – luxury holidays, a massive house in a golf estate, private schools, expensive gifts. Then everything changed when the marriage soured.
“Abrupt change happened in that he stopped giving the children love, time, experience and education. He stopped his support for the applicant. The respondent said one thing in public and did the exact opposite in private,” the judgment reads .
What This Means For Blended Families
Legal experts say the ruling is a wake-up call for step-parents in South Africa. While the general rule is that stepparents have no legal duty to maintain stepchildren, courts are increasingly looking at conduct during the marriage .
If you present yourself to the world as a parent, call the kids “our kids,” and give them a lifestyle they become accustomed to, you may find yourself on the hook long after the marriage ends.
The man is now stuck with the bill – at least until the final divorce is settled. And with the SCA striking his appeal from the roll, his wallet will be feeling the pain for some time to come.