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Question
Posted by: Worried | 2011-05-25

Child Maintenance

We got divorced three months ago and the court order said R2000 maintenance for the two kids. He is self employed and often gets paid cash in hand. He doesnt pay the R2000 and rocks up with anything from R40 to max R1000 per month.Some months he brings me R100 per week. I have to phone him all the time and I feel as if I am begging all the time. Our kids are at an expensive school, have special needs like speech therapy, occupational therapy etc and he is just not bothered. He goes on holidays, wears name brands, expensive watches and often has the latest cellphone but just says he doesnt have money. The divorce court doesnt have my court order ready to take to the maintenance court even after 9 weeks. What do I do in the meantime. I am tired of begging and I cant cover all their expenses on my own. I cant anymore.

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Our expert says:
Expert ImageFamily law expert

Make an affidavit, stipulate that he is in arrears, mention the amount and go to the registrar at court and issue a warrant of execution. Alternatively lodge an application through the maintenance court that he is in contempt of the order.

Bertus Preller
B.Proc; AD Dip L Law
Family Law Attorney
Abrahams and Gross Inc.
A:1st Floor, 56 Shortmarket Street, Cape Town, 8000
O: +27 (0) 21 422 1323
E: bertus@divorceattorney.co.za
W: www.divorceattorney.co.za
Blog: www.divorceattorneys.wordpress.com

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