Asked by the Customer on 01-02-2016 15:21:50
Question posted in the Family Law category relating to Gauteng
Question posted in the Family Law category relating to Gauteng
Good day,
My divorce was finalised in August 2015 in Kempton Park - the action was taken by myself as even though the ex-wife had decided to end the marriage, she was not prepared to file for divorce. She moved out our home into her boyfriends home. We have a less than 2 year old son.
Maintenance was granted and I am to pay 50% towards school fees. All fees are paid & none is outstanding to date. Also, any medical expenses not paid by medical aid, I pay 50% towards.
I work in the steel industry and as such do not have a big income.
The ex-wife is now trying to force me to pay more than double what I am currently paying - over R3000, for school fees as she has now moved our son to a private school - without my knowledge or consent.
My questions are:
1) As the court order only states "50% of school fees" can she legally force me to pay private school fees? I was advised by the clerk that it means normal Model-C/Government school rates unless private school fees are stated or if the child was already enrolled in a private school - which he was not as he was only 12 months old at the time of her moving out. He is currently 20 months old.
2) Is she allowed to move the child to a different school/creche without my consent & approval?
3) She is threatening to not allow me to see my son if I don't pay. She also will not tell me what school he is going to even though she knows I am to fetch him from there for my visits with him. She has a history of drug abuse & as such I pay the school directly for fees - by mutual agreement. She now demands I pay her without knowledge of what school or sight of any invoice.
Any advice that you have I would greatly appreciate. I am a father who will do anything for my son but the monies she is demanding from me with no proof are ridiculous. Thank you
My divorce was finalised in August 2015 in Kempton Park - the action was taken by myself as even though the ex-wife had decided to end the marriage, she was not prepared to file for divorce. She moved out our home into her boyfriends home. We have a less than 2 year old son.
Maintenance was granted and I am to pay 50% towards school fees. All fees are paid & none is outstanding to date. Also, any medical expenses not paid by medical aid, I pay 50% towards.
I work in the steel industry and as such do not have a big income.
The ex-wife is now trying to force me to pay more than double what I am currently paying - over R3000, for school fees as she has now moved our son to a private school - without my knowledge or consent.
My questions are:
1) As the court order only states "50% of school fees" can she legally force me to pay private school fees? I was advised by the clerk that it means normal Model-C/Government school rates unless private school fees are stated or if the child was already enrolled in a private school - which he was not as he was only 12 months old at the time of her moving out. He is currently 20 months old.
2) Is she allowed to move the child to a different school/creche without my consent & approval?
3) She is threatening to not allow me to see my son if I don't pay. She also will not tell me what school he is going to even though she knows I am to fetch him from there for my visits with him. She has a history of drug abuse & as such I pay the school directly for fees - by mutual agreement. She now demands I pay her without knowledge of what school or sight of any invoice.
Any advice that you have I would greatly appreciate. I am a father who will do anything for my son but the monies she is demanding from me with no proof are ridiculous. Thank you
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