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CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1534
Experience:  BCom; LLB; Masters in Law
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My ex-husband is withholding my maintenance payment stating

Customer Question

My ex-husband is withholding my maintenance payment stating that his employer has not paid him his salary as they are awaiting the payment of the client is this legal?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: I am in South Africa
JA: Has anything been filed or reported?
Customer: Not that I am aware of
JA: Anything else you want the lawyer to know before I connect you?
Customer: I have a court ordered maintenance agreement and u suspect that my ex is lying to me in order skip payments
Submitted: 1 month ago.
Category: South Africa Law
Expert:  CaseLaw replied 1 month ago.

Hi there and thank you for your question,

I will try to assist you with your legal question but please feel free to ask as many follow up questions in order to clarify your initial question. If you have a new question, you must please open a new thread.

No, what he is doing is certainly not legal. What he is required to do is to comply strictly with the terms of the court order. If he is not, then he is in breach of the court order and can be held in contempt of court.

But, the reality is that his employer might not have paid him. Perhaps you want to phone his employer to ask for yourself?

If you don't, then what you need to do is to go back to the court and ask them to issue a warrant of execution which will allow the sheriff of the court to attach, remove and sell your ex-husband's assets so that you can be paid.

If my answer hasn't provided you with enough clarity regarding your initial question, please send me a REPLY with follow up questions so that I can continue to assist you in this same thread for as long as you need. Let me know if you need more advice - don't just rate my answer as "bad".

If my are HAPPY with my answer then please click one of the STAR ratings or the SMILEY FACES to rate my answer!

Good luck and best regards,