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JJ, Attorney
Category: South Africa Law
Satisfied Customers: 4502
Experience:  Admitted Attorney 17 years experience
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In my divorce decree granted in dec 2011 maintenance towards

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In my divorce decree granted in dec 2011 maintenance towards my two children amounted to R1000 per child . At present my kids are aged 9 and 15 and their father's financial circumstances has improved. Am I able to request for an increase in maintenance per child as I am unable to keep up with the rising costs in terms of education and day to day necessities needed by ex only started paying maintenance fir 3 months this year - he is in arrears of R8000 as determined by the court. I was told that as we still lived together during the period January 2012 to december 2012 - technically we were a family and thus he only owes maintenance from January this year ehen I moved out on my own with my kids as I have primary care of them

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Who told you that it was not possible?
Customer: replied 3 years ago.

Hi - I was informed by the maintenance official who dealt with my complaint of non payment that as I had only requested R1000 per child in my divorce settlement I would only be able to receive that amount with a 10% yearly increase .

Hi Jeshica

I am totally confused as to why the official said this to you. The maintenance act makes clearly provision for the fact that if any of the circumstances change in repsect of the one paying or the one receiving payment that the maintenance can be reviewed.

In my view you need to advise them that you have more than sufficient proof that your husband's financial position improved and that you need to get an increase. You will however also have to indicate that you need more money.

If you get the same answer again,. you need to see the controlling prosecutor for a ruling.

Customer: replied 3 years ago.

Thank you for your advice - I will be consulting higher authority at the maintenance office that assisted me. Can you also clarify that I was not entitled to receive maintenance for the period jan 2012 - dec 2012 due to the fact that my ex-husband did not move out of our residence as verbally agreed and hence lived with us until I moved out in jan 2013.

Hi Jeshica

It will be difficult to justify maintenance payments of you did not split up at the time. The court will take a dim view on this and think that it will not be granted.
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