Our expert says:
Family law expert
Yes, the husband can claim against the wife for arrear maintenance. Violation of the Settlement Agreement amounts to contempt of court which may result in a criminal offence. The ex-wife will need to apply for variation of the Settlement Agreement if her circumstances changed since the time the agreement was made an order of court, only if she can prove that her circumstances changed in such a manner that she is not able to afford to pay her portion anymore will the court minimize her contribution. Having said that the arrear maintenance may still be claimed and payable by her. Both parties have an obligation to pay maintenance according to their means.
Family Law Attorney
Abrahams and Gross Inc.
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