S v S [2022] ZAGPJHC 847

MOORCROFT AJ

31 October 2022

Maintenance

Variation of an order of Court

Rule 43 governs relief pending litigation in matrimonial matters and an order obtained in terms of the Rule is not subject to appeal; when a material change occurs in circumstances any party may approach the court for a variation of an order in terms of Rule 43(6).

Discussed: Applicant brought this Rule 43(6) application seeking the substitution of paragraphs 2 and 3 of the existing Rule 43 order; applicant sought an order for shared residence and a reduction in monthly maintenance; disputed issues; maintenance payable by the applicant; costs of a parenting co-ordinator; powers of parenting the co-ordinator; costs of the Rule 43(6) application.

Order: The applicant is ordered to make payment of a sum of R29 000.00 per month in respect of maintenance for the respondent and the minor child, and to continue making payment of R35 000 per month as per the existing order.