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CaseLaw
CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 903
Experience:  BCom (UCT) LLB (UCT)
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My husbands ex-wife sued for more child maintenance. He was

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My husbands ex-wife sued for more child maintenance. He was already paying R7000. per month+medical aid on top of this. When they got divorced he bought a house for them which was fully bonded. She re-married and sold that house. Six weeks later she got divorced from 2nd husband and he paid her R750000. to buy a house for her and the children. My husband and i have since had a child of our own and i have a child from a previous marriage. Since we have had a child together we have had non stop trouble from his ex. My husband had to go the mainenance court, but it didnt go to court as our lawyer and her lawyer kept telling my husband that if he does not settle it wont be one day in court but a few days and its going to end up costing him thousands of rand which we dont have. She has never given any proof of the childrens epenses, and has never given proof of her income. My husband could not pay any more, so they based the increase on my salary. I was not allowed to be part of neg
Submitted: 4 years ago.
Category: South Africa Law
Expert:  CaseLaw replied 4 years ago.
Hi there,

Unfortunately your husband will need to go to the Maintenance Court in order to defend his ex-wife's claim for maintenance. I am assuming that she is claiming maintenance for both herself and the children born of their marriage.

Since she was remarried, I think that there are good grounds for not paying her maintenance for herself.

But, she would still have a claim for maintenance for the children.

She would need to prove the expenses required for the children, and your husband would need to prove his ability to contribute towards those expenses.

It is not proper that they based an increase for his maintenance on your salary increase.

You are not responsible to maintain his children born of a previous marriage. Not in law! Any increase should be for his account, only taking into account his income and his expenses!!!

The Maintenance Court is unfortunately the only way to go. His attorney should stop negotiating with the ex-wife's attorney, and just set the matter down for hearing. Let her have her day in Court, but just make sure that your husband can prove his income, and his expenses towards his new family, and make sure that he demands proof of the ex-wife's expenses in relation to the children. (Only his children that he had with her!)

Good luck, thank you for your question, and kindly accept my answer.

If you feel that this answer exceeded your expectations feel free to award a bonus.

Regards


GoldLaw


Please note: This answer does not create an attorney-client relationship. Please consult a local attorney in person for legal advice. This information is being provided so you can better discuss legal matters with your attorney.
Customer: replied 4 years ago.
The problem is my husband agreed in the negotiations that he would pay the extra she was demanding and we would have to cancel a policy to cover this. And it was settled out of court. All through the negotiations he was told he would have to cancel policies or sell our flat so that we would not have bond payments. There was no looking at our family needs which is a family of 4. Compared to her with just two kids. He does not have to pay her any maintenance only the two children he had with her. Can the order be reversed based on the fact that they took my income into consideration with me not being allowed to be there to defend my salary and what my childrens needs are. His ex-wife is self employed and claims she is not making money but did not give any proof of business financials. And she arrived at the court with a brand new double cab motor car. My husband does not own a vehicle - but has a company car through his employer. In the last two years my husband and his mom have paid his ex over R50,000 in extras as she is a compulsive spender and the lawyers were not interested in the fact that so much extra cash has been given to her. They say it was not a court order and it was his choice - and that this money does not count as part of any increase. He tried to not pay this increase based on all the money in the past year he had kept giving her.
Expert:  CaseLaw replied 4 years ago.
Hi again,

If the matter was settled out of Court, then your husband will need to approach the Maintenance Court for a variation of the Order. He will have to put all of the above into his application as reasons why the maintenance should be reduced!

This changes things a little. Why he agreed to pay all of that maintenance is beyond me. He should never have agreed to something that he could not afford.

Good luck, thank you for your question, and kindly accept my answer.

Regards


GoldLaw


Please note: This answer does not create an attorney-client relationship. Please consult a local attorney in person for legal advice. This information is being provided so you can better discuss legal matters with your attorney.
CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 903
Experience: BCom (UCT) LLB (UCT)
CaseLaw and other South Africa Law Specialists are ready to help you

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