Maintenance - Legal advice please - Page 3




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  1. #41
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    Default Re: Maintenance - Legal advice please

    Quote Originally Posted by natand View Post
    Look, you could always start paying a reduced amount what you can afford and let her test you in court....

    Im no lawyer though but have come across my share of people that just outright dont pay at all and they are not behind bars.
    Yes. My ex pulled this stunt. I let him get away with it for years. Till he sued me to pay less than half the kids school fees and nothing else. He ended up with a garnishee order against his name for the entire outstanding amount

    You can also go to jail

    Have to pay the maintenance through the court

    Etc

    If you cant afford your maintenance anymore, you have to legally apply for a change. Else it will be your ass

    This is really bad advice

  2. #42
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    Nov 2013
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    Default Re: Maintenance - Legal advice please

    Quote Originally Posted by Hermine View Post
    Yes. My ex pulled this stunt. I let him get away with it for years. Till he sued me to pay less than half the kids school fees and nothing else. He ended up with a garnishee order against his name for the entire outstanding amount

    You can also go to jail

    Have to pay the maintenance through the court

    Etc

    If you cant afford your maintenance anymore, you have to legally apply for a change. Else it will be your ass

    This is really bad advice

    I agree, this is not good advice at all and wasnt meant to be advice, merely what occurs common place in SA. There is no incentive to ever send teh person to jail as then there is no income at all so it just goes round and round making lawyers rich.

  3. #43
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    Default Re: Maintenance - Legal advice please

    I know so many men, all who feel hard done by because their ex is using their maintenance money for themselves and not the kid. I still want to know, how is this even possible. The maintenance includes a portion for school fees, medical aid, groceries, transport, accomodation, etc. So if your kid has all this, obviously the ex wife is not only using your maintenance to pay your share of the costs, but also adding in her share

    i have been through court 3 times now, because my ex sues me annually to pay less than 50% of the school cost and not contribute one sent more

    Everything in court must be proved. you can't lie about your salary as you must fork out 12 months payslips and 3 years SARS statements plus 12 months bank statements. Anything unclear to you, i.e. any payments into her accounts not from her salary, can be queried by you and proof must then be provided

    You can't lie about expenses either, because everything must be backed up by statements and slips

    The kids costs are determined and based on income, each of you must pay your share of the costs. It's really that simple

    As you are unsure about this, you can handle it in numerous different ways from talking nicely to her and agreeing that you both will submit all your details and work through it together. Or you can review it through the court process

    Just keep in mind, it's about the kids costs and each of your contribution thereto based on your earnings only. If the kids costs are proven, and she is contributin her share based on her income, what she does with the rest of her money is up to her. She can buy 20 townhouses if she likes. You can't insist that he pays more than her portion of the kids costs to make life more comfortoble to you.

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