I received a summons in a criminal case ...

Asked by ScanG on 19-06-2019 10:24:06
Question posted in the Family Law category relating to Gauteng
Question value: R 350.00

I received a summons in a criminal case (Failing to pay maintenance) in Pretoria. As I understand, failing to appear will lead to incarceration, which might still happen even if I appearing in court. Unfortunately, I am currently unemployed and have been, since September 2017. The company I worked for, Liquidated and due to financial circumstances, I was forced to move down to Capetown to live with my parents. In this time, I managed to get a 1 month contract in March 2018, that turned into a four month contract up to July 2018, during which I paid double maintenance for two of the months, plus some additional money, stretching my budget as far as possible. I were able to pay the maintenance until January 2019. After a long battle with SARS, I received some outstanding refunds during May 2019, to get some form of income. I received this summons at the end of May 2019. I haven't paid anything over for maintenance as of yet, considering the cost of me traveling to Pretoria for the case, Funding for the travel and stay will have to come from the SARS money received, but this will take me just so far. I will be broke again and still have no money to pay any maintenance. I did an audit on my bank statements since the start of the maintenance in July 2014 up to the current month. This illustrates that when I have a job, I contribute more than to what is required. Just on the money paid over into my Ex-wife bank account compared to what I had to pay, excluding school fees and medical aid, in total differed around R7000. My contribution towards their household came to a average of at least 45% of my income. Excluding the cash component , but including some additional money I payed into my daughters account. I understand that my ex-wife started a new job and from what I pick up they are doing, OK. Which I am thankful for. The employment outlook for the 3rd quarter, for the industry I work in is at -7 to -9%. I think this summons is a malicious attempt, to cut me off at the knees. I gave her an uncontested divorce, but she and her attorney, mauled me. I am not the type of person that are greedy about money and there is nothing more important in this world to me, than my daughter. A lot of time with my daughter have been stolen. There is a contract in place, but it is just not sustainable anymore. The basics from the beginning were R8000 with an escalation of 7% per year, plus school fees and medical aid. I asked them to supply me with all of my ex-wife's bank information and accounts on her person, because I suspected that she hid some of my money for a couple of years, probably in an old FNB account under her maiden name. She works in the financial sector and she handled all our finances. I still think the information supplied wasn't sufficient. At home affairs, we are still showing on the system as married. The prenuptial contract that they supplied stated the we were married "out of community of property with out accrual", but I distinctly remember that she insisted on "Out of community of property with accrual". I have my suspicions why they didn't file this at Home Affairs. I didn't take or insisted on anything in the house we stayed in and there are other small technicalities as well. I know I'm in a bind and don't really have the money to spend and would rather spend what I have on my daughter, than on a costly legal battle that would negatively impact my daughter. Please advise/assist?

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