Question posted in the Family Law category relating to Limpopo
I went through an unexpected divorce, lost my house, furniture and 2 children in the settlement. I could not work for a year due to illness (Depression and spiritual illnesses). after recovering, i got employment, started paying maintenance for my kids and even paid for the elder one through University of Pretoria studies. now she is employed. The mother now wants arrears for the period that I was not employed, even though I made extra payments for the child through University. I really needs help.
Message from the Attorney
Hi there and thank you for your question,
I am a practicing attorney based in South Africa and I will assist you with your question. Please feel free to ask as many follow up questions in order to clarify your question. If you have a new question, you must please open a new thread.
Unfortunately, if there are arrears which have built up, the mother (acting on behalf of the kids) is entitled to claim those arrears from you. If you refuse to pay, she will need to go to the Maintenance Court and ask the court to issue a warrant of execution to enable the sheriff to come and attach your assets to sell on auction.
If those arrears are in respect of the elder child, you need to tell the mother that you have paid all of the university fees so those need to be set-off against the arrears. Therefore, she can't claim the arrears from you for the elder child.
If some of the arrears are for the younger child, then you will, unfortunately, need to come to some sort of arrangement with her as to how you are going to pay those.
If your financial circumstances have changed from when you were first divorced, you are able to apply to the Maintenance Court for a reduction in maintenance. You can apply directly and the clerk of the court will assist you in completing all of the required forms and get you before a Maintenance Officer so that a decision can be made.
That is probably your best bet.
The issue you have is that you can't refuse to pay the arrears in maintenance for the younger children because you paid for the elder child to go to university. Each child needs to be maintained in their own right.
If there is a part of the answer which you need more advice on, or clarity please continue in this same thread instead of opening a new question.
Att. Patrick
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Message from the Customer
Message from the Attorney
The fact that you communicated, no, unfortunately not.
If you didn't apply to have the maintenance order varied to a lesser amount because you were sick, the maintenance order is still valid and binding and that means that you need to comply with it.
The maintenance courts are very difficult. Even if you are not working, the maintenance court can make you sell your house, your car, your shares, your business, everything, to make you pay maintenance.
What you should do is to apply to the maintenance court for a variation of the maintenance order so as to enable you to pay less maintenance now.
Answer Accepted
Message from the Customer
Message from the Attorney
Yes, you are legally entitled to legal representation in this case. I can't represent you directly, because we only provide advice online. Like this.
You would need to hire a lawyer who would consult with you further, and then draft the application for a variation of the maintenance order, and then appear in court on your behalf.
I can't refer you to a specific lawyer, but I can direct you to Search through a list of 342 Law Firms, Lawyers and Attorneys who operate in Maintenance Practice Area, where you can find a list of qualified lawyers in your area who will be able to assist you further!