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Barend B.
Barend B., Legal Consultant
Category: South Africa Law
Satisfied Customers: 1350
Experience:  BLC LLB (Pret) LLM (Augsburg)
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My ex husband is living in South Africa. I LIVE IN NEW YORK

Customer Question

My ex husband is living in South Africa . I LIVE IN NEW YORK CITY WITH MY CHILD WHO IS NOW 30 YEARS OLD. HIS FATHER ABANDONED ME AND MY SON WHEN MY SON WAS 6 YEARS OLD. WITH THE DIVORCE, MY EX HUSBAND WAS MANDATED TO GIVE 400 DOLLARS A MONTH FOR CHILD CARE. HE DID NOT GIVE A PENNY TO ME FOR CHILDCARE.
JA: Have formal divorce proceedings begun? At what stage of the process are you?
Customer: THE DIVORCE PROCEEDINGS OCCURRED 24 YEARS AGO AND THE DIVORCE PAPERS INCLUDED CHILD SUPPORT WHICH WAS SUPPOSED TO BE 400 A MONTH.
JA: Has anything been filed or reported?
Customer: NOT YET....HOW SHOULD I DO THAT?
JA: Anything else you want the lawyer to know before I connect you?
Customer: I DON'T HAVE A LOT OF MONET....WOULD SOMEBODY ACCEPT A CONTINGENCY PAYMENT......WITH INTEREST....MY EX OWES 27,000 DOLLARS AND WITH INTEREST...THE AMOUNT WOULD BE CLOSE TO 60,000
Submitted: 4 months ago.
Category: South Africa Law
Expert:  Barend B. replied 4 months ago.

Good evening,

Have you tried a New York lawyer yet? Because my understanding is that the divorce order was granted by a US court (because the childcare amount is in dollars). I would think that you will need to start default proceedings in New York, and then simply execute the court order in South Africa. The court documents from the US court would then be sent to the South African Court and your ex husband would then be brought before the South African court, which will then execute the court order.

That would be the simplest way to collect the outstanding childcare money.

The other option would be to get certified copies of the US divorce court order and also a sworn affidavit from you that your ex husband has failed to pay childcare, and send it to an attorney in South Africa to lodge a criminal complaint for arrear childcare money (or maintenance as we call it here). This may be the cheapest option because the state will then prosecute him for his failure to support his child. You can look for suitable attorneys at www.attorneys.co.za.

Regards,

BB

Expert:  Barend B. replied 4 months ago.

Good morning,

If you are satisfied with my answer, would you be so kind to give the answer a rating?

Regards,

BB

Expert:  Barend B. replied 4 months ago.

Good evening,

Unfortunately if no rating is received, I would not be compensated for the time spent on your answer.

Regards,

BB