Court Orders Man To Pay Maintenance For Stepchildren After Divorce, Says He Gave Them A ‘Soft Life’
A South African man who walked his wife’s children to school, paid their school fees, and referred to them as “our kids” has lost his court battle to stop paying them maintenance after divorce, with judges ruling he gave them a soft life and cannot now withdraw the financial comfort.
The Supreme Court of Appeal (SCA) this week struck an appeal from the roll with costs, effectively forcing the businessman to continue forking out R40,000 per month in cash maintenance for his ex-wife’s two teenagers, plus medical aid cover and a whopping R35,000 monthly towards her rent.
The drama began when the couple, who married in April 2018 out of community of property, hit the rocks in late 2023.
The ‘Soft Life’ Argument
When the wife filed for divorce in early 2024, she dropped a bombshell. She demanded that her husband maintain her children, aged 14 and 16, despite them not being his biological kids.
The woman, a dietician, admitted the children’s biological father contributed around R7,000 (approx R7,000) monthly. But she argued the children had become accustomed to a high standard of living thanks to her husband’s financial generosity.
She told the court his abrupt withdrawal of funds and emotional sup
port after their separation in 2023 was traumatic. The children were used to the finer things – the man had given them a soft life.
The Damning Message
The clincher in the case was a message the husband sent to his employees when announcing the split.
According to the Western Cape High Court judgment, 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’s legal team pounced. They argued that by calling them “our kids” and promising the best would continue, the man had assumed full parental responsibility.
Man’s Desperate Bid To Stop Payments
The husband fought back furiously. He argued he had never legally adopted the children and that their biological father remained fully involved.
According to TimesLIVE, he claimed any financial help was voluntary and temporary. He said his ex-wife and the biological father were the ones financially responsible.
But the court was having none of it. In September 2024, the high court slapped him with a massive interim maintenance order.
The order forced him to pay R40,000 (approx R40,000) a month in cash, keep the kids on his medical aid, cover medical bills, and stump up R35,000 (approx R35,000) monthly for the ex’s rent. He was also ordered to cough up R1 million (approx R1 million) towards her legal costs.
SCA Shuts Him Down
Fuming, the man took it to the Supreme Court of Appeal. He argued the high court was wrong to force a stepfather to pay where the biological parents were capable.
IOL reports that Acting Judge of Appeal Avinash Govindjee shut the appeal down fast.
The judge ruled the SCA had no jurisdiction. Rule 43 orders, which provide temporary relief while divorce is pending, are specifically designed not to be appealable.
The court ruled that allowing appeals would cause delays and increase costs. The man is stuck with the bill, at least until the final divorce is settled.
The judges made it clear: when you step up and play daddy, pay for the private schools, and promise to keep giving them “the best”, you cannot just walk away and leave the kids in the lurch.