I have been married for 23 yrs. My husba...

Asked by the Customer on 11-12-2014 16:04:47
Question posted in the Divorce Law category relating to Western Cape

I have been married for 23 yrs. My husband and I are married in community of property. We are now getting divorced.
We have 3 minor children that live with me. We both work - I work in an administrative job and earn R4000 per month, he works for his brother and claims to earn a slary of R12 000 per month.
He is currently paying me R7000 per month maintenance.
I know he is making more money than R12 000 per month as he owes a lot of debt and the debt deductions are R6500 per month (if he is paying me R7000 and the people he owes money to R6500 each month he must be making more than R12000).

I need R15 000 a month to cover all our (the 3 kids and myself) monthly expenses, how can I get him to pay me R10000 a month maintenance?
If we sign a settlement agreement where he pays R7000 per month maintenance can I take him to maintenance court after that to have it changed?
What happens to all the debt - he says he willpay it, but we have no assets left as he gambled them all away.

Thanks

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.