In the event of a divorce where there are minor children involved, the question of maintenance will always arise.
Both parents are responsible for seeing to the needs of their children until such time as they are self–supporting. However, it is not the case that each party needs to contribute an equal amount.
The amount payable by each parent will depend entirely on the actual financial position of each parent. For instance, if the mother has an expendable income of twice that of the father, then she will be responsible for twice the amount of maintenance. The enquiry could become more complex in the event that one party earns less, but have substantial assets that they could sell for the purposes of raising funds to support the children.
The most effective way to finalise a maintenance dispute is through productive negotiation with the other parent. Maintenance is a factual enquiry, and accordingly, there is little benefit to either party to “hash it out” in a court. A professional mediator who acts as an impartial fact-finder and facilitator can be invaluable in a maintenance negotiation between two parties facing a divorce.
An article written by Clara Bester
