Good day, My divorce was finalised in Au...

Asked by the Customer on 01-02-2016 15:21:50
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

If you would like to view the entire answer, you will need to either login or register a FREE account.

Disclaimer

DISCLAIMER: Advice or answers from Lawyers on South African Legal Advice are not substitutes for the proper advice of an Lawyer. South African Legal Advice is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Lawyer who assists with your question is not your Lawyer, and the response above is not to be considered to be legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from individual Lawyers, not South African Legal Advice. The site and services are provided “as is”. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.