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Question
Posted by: Jen | 2010/10/27

Advice Needed Plz

Hi I am in need of advice plz. Married 17 years ANC with acrual. Husand has moved out the house and has stopped contributing any money towards daughter up keep or bond (House is in my name but he has signed surety on bond) I have now applied for maintenance. He has over the last year managed to wrack up 70k debt on his credit card and and overdraft on his cheque account. The car he bought for me is in his name and he is now threatening to have it repossed. We used some money out of the bond to buy him a motor bike cash. So he has transport and is threatening to leave me stranded. My questions are as follows:
1. The car - if he takes it away can I insist that he replace it with another one at a cheaper price (I had a car when we got married) or do I loose the car and walk.
2. The bond - even though the house is in my name and surety in his can I insisit that he help pay towards the bond. I do not want to sell the house as the bond repayment is cheaper than having to rent and he started with altrations and has left the house incomplete so the resale value is minimum.
3. Our daughter - Will the court make him pay maintence and what share of cost of living can I claim for her things like water elec nbond repayment food etc, and can I ask that a garnishing order be put on his salary immediately as I know he will not pay even if it means having to go to jail.

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Our expert says:
Expert ImageFamily law expert

I suggest you see an attorney to institute an urgent Rule 43 application for interim maintenance pending the divorce. You will be able to claim in the Rule 43 Application a contribution towards your monthly expenses, i.e the car installments, the bond and maintenance for your daughter.

Bertus Preller
Family Law Attorney
Abrahams and Gross Inc.
www.divorceattorney.co.za
bertus@divorceattorney.co.za

The information provided does not constitute a diagnosis of your condition. You should consult a medical practitioner or other appropriate health care professional for a physical exmanication, diagnosis and formal advice. Health24 and the expert accept no responsibility or liability for any damage or personal harm you may suffer resulting from making use of this content.

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Our users say:
Posted by: family law expert | 2010/10/30

I suggest you see an attorney to institute an urgent Rule 43 application for interim maintenance pending the divorce. You will be able to claim in the Rule 43 Application a contribution towards your monthly expenses, i.e the car installments, the bond and maintenance for your daughter.

Bertus Preller
Family Law Attorney
Abrahams and Gross Inc.
www.divorceattorney.co.za
bertus@divorceattorney.co.za

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