South Africa Law
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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 .
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.
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.