Father ordered to maintain stepchildren pending divorce proceedings

A court has ruled that a stepfather embroiled in a divorce has a responsibility to maintain his wife’s children pending the divorce proceedings.

In addition to taking care of his stepchildren, the man was also ordered to pay the applicant R40,000 for spousal maintenance and that he keep the woman and her children as dependents on his medical aid scheme. In addition, the respondent is to pay the applicant’s rent limited to an amount of R35,000 per month, water and electricity for the rental property, Wi-Fi, security, domestic worker and gardener’s salaries, Toyota Cross vehicle instalment. He was also told to pay for her Fancourt golf course and Oubaai golf course membership fees.

The parties were married out of community of property in April 2018 and are now involved in divorce proceedings. Both were previously married and had two children each from those marriages. No children were born in their marriage.

When they met, the woman's children were still minors while he had a minor and an adult child. The woman’s children lived primarily with the parties, and the primary care of the man’s children was with their mother, but the children regularly spent time in the parties’ matrimonial home as the father, the respondent, had contact rights.

The woman, who is an applicant in the matter heard at the Cape Town high court, argued that her children had become accustomed to a high standard of living over the last eight years of the marriage. The children were severely prejudiced by the actions of their father and his sudden withdrawal, emotionally and financially, from their lives when the couple separated.

The man, however, argued that he has no legal obligation towards the applicant’s children.

Further, that he never withheld any financial support from the applicant and her children and regularly spoilt them with only the best. They went on luxury holidays, including overseas holidays, lived in a beautiful large house valued at a minimum of R10m, drove luxury cars and the children attended private schools.

His position was that he did not have parental rights and responsibilities in respect of the applicant’s children, that he did not have a legal duty to maintain them, nor did he undertake or promise to maintain them. According to him, the children have a strong bond with their biological father who has regular contact with them and who contributes towards their maintenance.

It was the woman who provided for her children from her earnings, and he only assisted when she experienced cash flows from her practice as a dietitian.

He further argued that his children were made to feel unwelcome in his home with the woman and that she wanted her children to be viewed as the parties’ children and his children as visitors.

In deciding the matter, judge Thulare acknowledged that according to the common law, a stepfather is under no duty to maintain a stepchild. The court therefore had to determine whether in modern SA, is it still offensive to hold one person liable for the maintenance of another person’s child.

The court highlighted that it would not be in the best interests of children that a stepparent be allowed to abruptly abandon those children the moment they fall out of love with their parents.

In evaluating the facts, the court noted that the parties formed a new family and that the applicant’s children were part of that family. The children lived at the parties’ common home in a golf estate, which was a spacious home with inter alia en suite bedrooms including separate training and playrooms with a braai area next to the swimming pool.

The respondent provided financial support and presented to the children, the family including the extended family members and the world that he was responsible as a parent of the children. The children moved to private schools and were spoilt with luxury, including expensive birthday and Christmas gifts. The judge did not find that the maintenance of the children by their biological father and that father’s contact with the children, in any way diminished the respondent’s representation that he considered the applicant’s children as the children of the marriage.

The court also considered a WhatsApp message sent by the man to his work colleagues announcing his separation from the woman. In that message, the respondent expressed that the parties would continue giving the children “the best in terms of love, time, experience and education.”

The man was also ordered to contribute towards the applicant’s legal costs in the amount of R1m payable in five equal monthly instalments of R200,000 each. Plus, a payment of R102,597 in respect of electronic appliances.

The respondent was also ordered to pay the costs of the application.