Ask admitted attorney and founder of Sister in Law, Tebello Motshwane, all your legal questions for expert advice.
Q: My husband and I have been married for three years, out of community of property with accrual. He has a child from his previous marriage and over the years, has been sending money occasionally to support the child. He does not have a consistent income, so he sends whenever he can. I am employed full time and I want to prepare myself: my husband’s ex has filed for maintenance and will be in court for the hearing soon. Will I be requested to file my payslips or any proof of income?
A: Ordinarily speaking, it is the biological parents who are liable to pay maintenance towards the upkeep of their child. A step-parent would need to legally adopt the child in order for them to be liable for maintenance. Given that you are married out of community of property and have not legally adopted your stepchild, you will not be obliged to produce any proof of income during your husband’s court proceedings. Had you been married in community of property, then by default, the income of the joint estate would be liable to pay maintenance. In that context, you would be subpoenaed to produce your proof of income.
