April 17, 2009
Star Features

 
Getting child maintenance from abusive husband

A woman who has been verbally and physically abused by her husband moved out of the matrimonial home last year.

She complained that since she moved out with their two children her husband has refused to support them.

"I was tired of the daily abuse from my husband so I decided to move from the matrimonial home and went to live with my mother," the woman said.

"We have been married for eight years and we have two small children but, despite counselling and people in the district talking to my husband about his behaviour, he continues to beat and curse me.

"I got fed up with his treatment and I packed my clothes and the children's clothes and left the home. When my husband came home and discovered we had left he became very upset and came to my mother's house cursing us.

courteous and civilised

My brother, who was at the house at the time, chased him out of the premises and warned him not to return until he decided to behave in a courteous and civilised manner.

"He has not returned to my mother's house since that time but he sends his mother on weekends for the children so they can spend time with him. He does not give them any food items or money when his mother takes them back to me.

"I called him one day to ask him about maintenance for the children and he said I was working so I should take care of them. I don't want the money for myself. All I want is for him to help to take care of the children because he is working. Do you think I should sue him for child support? I am contemplating doing so but my mother does not want me to sue him."

It is entirely up to you if you want to take your husband to court for him to maintain his children.

The law makes provision for your husband to maintain his children.

Section 9 of the Maintenance Act, which deals with the maintenance of a child, states in part that the court shall have regard to the fact that each parent has an obligation to provide support for the child; the child's aptitude for, and reasonable prospects of, obtaining an education; and the child's need for a stable environment.


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