Question posted in the General Law category relating to Western Cape
Good day,
My wife was married to the father of her kids
While married he took care of the bills or so she though.
The got divorced and he did not contribute towards anything for his children. The divorce was in 2012
Her son now turned 21 and a lawyer contacted her last year to say that the x have not paid the primary school - this 9 years after the fact.
Now according to this lawyer because the x have not paid, my wife is responsible for the outstanding fees?
My wife tried to speak to this lawyer last year to say she has no knowledge of this and requested then to send her all the details. They refused as they said she is not paying the account and therefore cannot get the info.
Now that the x did not pay they send my wife a letter with demands.
According to me (might be wrong) if they did not send the account in 3 years or requested a judgement do it not expiry?
How can the keep her responsible if there were no communication with her
Her contact details have never changed
According to this lawyer according to the schools act both parents are liable and this act supercedes a court maintenance order wherein it is stated that the x is responsible
I saw the court case of 2018 on the schools act but this debt and divorce was well before the court ruling
Please advise me on this
Message from the Attorney
Hi there,
I see that you haven't made a payment for the question, but I'm going to assist you a little. If you want to ask a follow-up question, please make the required payment.
You are right about the 3 years. The claim has prescribed. Get your wife to write back to the school's lawyers to tell them that the claim has prescribed and they can't claim anymore!
Att. Patrick
Please remember this is a dialog if you have follow-up questions please make the required payment, then use the REPLY button and ask your further question. I would like to continue assisting you, but I need to concentrate on people who make payments for their questions.