Cape Town - A mother’s attempt to get her estranged husband to pay a further R22 346 in maintenance costs per month for their adult daughter, towards among others, a new car valued at R420 000 and equestrian activities, has failed in the Western Cape High Court.
The parents, who share the adult-dependent child, are still in the midst of wrapping up divorce proceedings.
Previously, high court Judge Derek Wille granted the applicant (on behalf of her adult daughter), some relief which included R25 000 per month and medical aid costs.
The claims by the applicant against the father, and which were dismissed were: the costs of the adult-dependent child’s horse-riding activities; a new vehicle for the adult-dependent child to the value of R420 000, and paying all the adult-dependent child’s tertiary educational costs for an undergraduate degree.
The total costs had not been quantified but the schedule attached to the application indicated this sum to be R22 346 per month.
“A further powerful point made by the respondent's counsel in connection with the tertiary educational expenses was that these claims were not quantified in any manner whatsoever. The adult-dependent child did not indicate at all where she wanted to pursue her tertiary education (if at all), and when she wanted to pursue her tertiary education. Had these facts been placed before me this would have weighed more heavily on me in connection with deciding the issue of locus standi (capacity),” said Judge Wille.
The father also contended that the claim for a new vehicle for his adult-dependent worth R 420 000 was, “exorbitant and was totally unnecessary”.
The mother argued that both parents had a duty to support their adult-dependent child.
“On the facts of this case, I held the view, taking into consideration the circumstances of this matter, that the facts presented to me on the papers were not adequate to justify an order directing payment to be made directly from one parent to another pendente lite in respect of the adult-dependent child’s equestrian expenses, the cost of a new motor vehicle for the adult-dependent child, and the ‘possible’ tertiary educational expenses (as yet unknown), for the adult-dependent child,” Judge Wille said.
Cape Times