South Africa Law

Get your South African law questions answered by Experts

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

Can a court grant you child support from your spouse while…

Can a court grant...

Can a court grant you child support from your spouse while you are still married if he refuses to support the family financially? or do i need to go the legat sepation root for that?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Kzn, south africa

Lawyer's Assistant: Has anything been filed or reported?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not realy

Show More
Show Less
Ask Your Own South Africa Law Question
Answered in 8 hours by:
1/5/2018
Christiaan K
Category: South Africa Law
Satisfied Customers: 224
Experience: Attorney & Director at Lombard Kotze Incorporated
Verified

Hi there

Thank you for your question. I will try to assist you in answering it today but please feel free to ask as many follow up questions as you like until you are 100% satisfied.

There is two ways to do that:

1. In terms of Rule 58 you can apply for interim maintenance if you intend to divorce. You do not need to be separated yet to do that;

2. In terms of the Domestic Violence Act, withholding finance from the family can be prohibited by interdict as it is a form of abuse to withhold money from a spouse.

I hope this answered your question.

I know it will take an extra minute of your time to rate my service, but if you do not rate it, I donot get paid by the website so I would really appreciate it if you would be so kind as to rate my service positively. Feel free to ask further question here on this topic at no extra cost if you need more information.

Regards

Christiaan K
Category: South Africa Law
Satisfied Customers: 224
Experience: Attorney & Director at Lombard Kotze Incorporated
Verified
Christiaan K and 87 other South Africa Law Specialists are ready to help you
Ask your own question now
Customer reply replied 6 months ago
Thank you.i dnt intend to devorce him but i would like an enforcement for him to support his family. I do work and make a descent salary however my husband does see the need to support if he does its less than 25%of what he gets payed. We have 2 children (3 &4), i need advice if i should persue the issue legally because reasoning with him has failed.

Like I said, withholding funds can be seen as an act of domestic violence and your remedy in terms thereof is extremely easy since you can apply to court for an interdict without need of an attorney.

It might however prove detrimental towards your marriage relationship if you do decide to follow this route. Maybe you should just use this as leverage to negotiate with him and then get him to commit to paying certain expenses monthly.

Ask Your Own South Africa Law Question

Thank you for the positive rating.

Ask Your Own South Africa Law Question
Customer reply replied 6 months ago
I definately will use this, if all fails im going to court. Thank you so much
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Christiaan K Your Own Question
Christiaan K
Christiaan K
Christiaan K
Category: South Africa Law
Satisfied Customers: 224
224 Satisfied Customers
Experience: Attorney & Director at Lombard Kotze Incorporated

Christiaan K is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

PHINEAS MOTAUNG

PHINEAS MOTAUNG

Attorney

113 satisfied customers

BACHELOR OF LAWS

Emil

Emil

Attorney

33 satisfied customers

BCom Law LLB, 3 years post article experience as attorney

LCP

LCP

Attorney

21 satisfied customers

BCom (Stell) LLB LLM

Freddie Lombard

Freddie Lombard

Attorney

2,801 satisfied customers

Practicing attorney and conveyancer with 16 years post article experience.

Shaie Zindel

Shaie Zindel

Attorney

1,249 satisfied customers

All areas of commercial and contract Law - specialist in property advice.

inciteadvisor

inciteadvisor

Commercial Lawyer

814 satisfied customers

B.Com LLB Registered Corporate lawywer

Christiaan K

Christiaan K

224 satisfied customers

Attorney & Director at Lombard Kotze Incorporated

< Previous | Next >

Related South Africa Law Questions
, My wife is cheating on me and I have a proof - she regularly
, My wife is cheating on me and I have a proof - she regularly speaks to her boyfriend over her smartphone where I saw her photos with him. He has transfered recently an amount of R 65 000 into her ch… read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
I need to somehow prove from overseas (I live in Germany at
I need to somehow prove from overseas (I live in Germany at present) that I cannot claim maintenance from my SA (ex)spouse. We got married in South Africa in 2004 and I divorced him in absence in Germ… read more
inciteadvisor
inciteadvisor
Commercial Lawyer
Post graduate degree- LLB
814 satisfied customers
My husband has been abusing me physically, emotionally, verbally
My husband has been abusing me physically, emotionally, verbally and financially. When I applied for the Protection Order I stated the facts supporting my claims. When the Interim Protection Order was… read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
I was married in 2008 in SA to a south african citizen. We
I was married in 2008 in SA to a south african citizen. We had a child before we had a registered marriage. the child was born in South africa also, However difficult situations made us part our ways … read more
JOHANN
JOHANN
Master's Degree
3,396 satisfied customers
If a court order is granted to me giving me permission to leave
If a court order is granted to me giving me permission to leave after the final hearing on 13 to 16 December with me son, and if his father insists on a mirror ordering being obtained in South Africa,… read more
JOHANN
JOHANN
Master's Degree
3,396 satisfied customers
I have been in a gay relationship for 11 years in September
I have been in a gay relationship for 11 years in September this year. My partner does not want to get married and we own 3 properties together jointly and also have a business in joint names even tho… read more
JOHANN
JOHANN
Master's Degree
3,396 satisfied customers
I have an Agreement of Settlement lodged in the High Court
I have an Agreement of Settlement lodged in the High Court of Johannesburg, South Africa with regard to the Guardianship, Care & Primary Residency Status of my daughter, who is still resident in South… read more
Mike Otis
Mike Otis
Master's Degree
1,508 satisfied customers
I require a few questions about returning to South Africa from
I require a few questions about returning to South Africa from the UK and commencing with divorce proceedings.… read more
JOHANN
JOHANN
Master's Degree
3,396 satisfied customers
My daughter is currently living in the Middle East, Doha,
********** ********* ********** ******************* ********* ********** ********* ********** ********* ********** ********* ********** *********… read more
JOHANN
JOHANN
Master's Degree
3,396 satisfied customers
I have documentation of permanent residence in South Africa
I have documentation of permanent residence in South Africa since 1979 but I have been out of South Africa for the last 6 years. I would like to return to live in South Africa but unsure if my residen… read more
Mike Otis
Mike Otis
Master's Degree
1,508 satisfied customers
Good evening Ive been married for almost 3 years now - out
Good evening I've been married for almost 3 years now - out of community without "aanwasbedeling". My husband has now left me. What are my legal rights, i.e. his legal responsibilities towards me re m… read more
Mike Otis
Mike Otis
Master's Degree
1,508 satisfied customers
South Africa Can a daughter-in-law (+ 2 children), being divorced
South Africa: Can a daughter-in-law (+ 2 children), being divorced from her husband sue the mother in law for financial support and force her to present the financial books of her small business?… read more
JOHANN
JOHANN
Master's Degree
3,396 satisfied customers
i am south african my fiancee is russian, she has a 4 year
i am south african my fiancee is russian, she has a 4 year old son with the fathers surname. the father is from netherland and refuses to assist her in anyway and refuses to give permission for the ch… read more
Mike Otis
Mike Otis
Master's Degree
1,508 satisfied customers
Hi my name is Tim Viljoen, I am south African white, how can
Hi my name isXXXXX am south African white, how can I get my family in Holland Netherlands' I am married with one child, we are not welcome in south Africa any more, my roots is from Netherlands and I … read more
Mike Otis
Mike Otis
Master's Degree
1,508 satisfied customers
Hi I have a specific question or rather two! I am in the process
Hi I have a specific question or rather two! I am in the process of applying for a temporary spouse permit to south africa. However, i am puzzled by the avidavit form, i am married to a south african … read more
Mike Otis
Mike Otis
Master's Degree
1,508 satisfied customers
How long would this spousal visa last for and how often would
How long would this spousal visa last for? and how often would i have to renew it? We are planning to get married this coming november? Or would it be better to apply for a temporary residence visa wh… read more
Mike Otis
Mike Otis
Master's Degree
1,508 satisfied customers
Me and my husband are staying with my parents we have found
Me and my husband are staying with my parents< we have found a flat for us to move in to but now am too emotionaly drained to be his wife anymore. I want to divorce him but will be left homeless af… read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
Please can you let me know the current regulations for child
Please can you let me know the current regulations for child support in South Africa? My husband is now without a job, and lives in England with me now. He is south african and i am English. They were… read more
Barendb
Barendb
Master's Degree
777 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x