Asked by Chantal on 13-07-2023 14:18:07
Question posted in the Divorce Law category relating to Gauteng
My ex-husband, who is an attorney and drafted our divorce settlement, has recently claimed that he is over-paying for child maintenance after 2 years of being divorced. He pays a cash sum every month for our 2 kids (which includes kids clothing). Since the beginning of the divorce, he verbally agreed to pay for 50% of all kids lothing. This being in addition to the monthly cash maintenance. Every time I have bought the kids clothes, I have confirmed that he is ok with the purchase, then provide him with a copy of the store receipt together with an invoice for 50% of the costs. I acknowledge he has technically been paying "twice", but this was done willingly and knowingly by him for the last 2 years. I viewed this as an act of good faith.
He claims to now have gone back to the settlement agreement and realises he’s been over paying and wants to stop paying the 50% contribution to kids clothes. My thinking is that he has created a precedence by willingly doing this for the last 2 years? I would obviously want him to continue paying both as he has been.
What advise can you offer and how would this be viewed in court?
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