Good Day. I have been going through a di...

Asked by Anonymous on 18-09-2019 14:33:10
Question posted in the Family Law category relating to Gauteng

Good Day. I have been going through a divorce for the last 4 years. I have obtained 2 maintenance orders. The 1st interim order was made in April 2016.  My estranged husband has only paid for 4 months. Since September 2016 he ceazed to pay. He then approached the court to have the court order varied. We then had a trial in March 2018 at the Regional court (Randburg) where the magistrate found that he could he actually pay more maintenance and has increased the maintenance court order. He is self employed and claims he is bankrupt. However according to his company’s bank statements he is doing very well. There is a criminal trial coming up in November for contempt of court and according to the prosecutor at the Randburg court we have a very good chance to have him convicted on 2 charges. In the meantime what can I do in order to get the money that is oustanding from him. (The divorce trial is scheduled for end October) He keeps on delaying the process on purpose. He owes me about R800 000.00. Is it possible to obtain a court order so that his debtors should pay me diectly instead of paying the money owing to the company into the company’s bank account. Or can I obtain a court order to have the outstanding money attached from his company’s bank account?  We had to sell our home in 2017. We obtained an attachment order to have his share of the proceeds of the sale of the home which was R450 000.00 for the outstanding maintenance. Unfortunately he had the proceeds of the sale of the house paid into his fathers’s bank account. He said that he borrowed money from his father for his company. Apparently it is was a “soft loan”.  We have been married since 1995 (ANC). I have been diagnosed with a chronic pain illness (Fibromyalgia) which has impacted my life severly. At the moment I cannot afford to pay rent etc. I would appreciate any advice as to how to obtain my oustanding maintenance. Many thanks and regards Judy

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


DISCLAIMER: Advice or answers from Lawyers on SA Legal Advice are not substitutes for the proper advice of an Lawyer. SA 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 SA 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.