Court orders divorced man to support his stepchildren financially

A divorced man has failed in his attempt to be exempted from financially maintaining his ex-wife’s children. The Western Cape High Court this week took the view that the man’s plea and conduct amounted to the assumption of a parental role and that it would not be in the best interests of his stepchildren, aged 14 and 16, to permit the withdrawal of financial support as they had become accustomed to the comforts he provided them. The court further held that the children’s constitutional right to parental care extended to step-parents who acted in the stead of a biological parent.

The man, who is the appellant, married the first respondent in April 2018, out of community of property subject to the accrual system. The marriage deteriorated during late 2023 and the parties separated. In early 2024, the wife instituted divorce proceedings in the Western Cape Hight Court.

The woman also sought maintenance for herself and her two children whom she brought to the marriage. She also wanted the man to pay towards her legal costs for thedivorce. The man, who did not legally adopt the children, opposed the application and disputed any obligation to maintain them and was granted the right to appeal the matter.

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According to the woman’s evidence, the children continued to enjoy a strong relationship with their biological father, who contributed about R7,000 per month towards their maintenance. She contended, however, that her children had become accustomed to a high standard of living due to her ex-husband’s financialgenerosity. She said when she and her husband separated in 2023, he stopped paying for various expenses, including school fees and general maintenance, and his abrupt withdrawal, both emotionally and financially, had been traumatic.

Her pursuing her children’s maintenance by her ex-husband was because of a message he sent to his employees upon the announcement of the separation. In the message he stated: “[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.” According to the judgement, the man had stated that he held no parental rights or responsibilities in respect of the children and denied any obligation to maintain or support them. He emphasised that both the children’s biological father and his ex-wife, who is a dietician, remained fully involved in the lives of the children and that they were financially responsible for their maintenance.

He contended that any assistance he provided had been limited to covering the children’s expenses. He claimed to have voluntarily paid the rental for his ex-wife and the children’s accommodation and continued to pay the children’s cellphone costs pending the finalisation of the divorce proceedings.

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