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Question
Posted by: jusMe | 2009/11/18

emotional draining - ready to quit

now that i went to court to ask for an increase in child maintenace, he decides he wants paternity tests, i told him to go for it, he then tells me i must just accept the R1000 he' s offering(instead of the R3500 i ask) because it' s gonna take a longer time with the paternity tests required. the kid is 5yrs the case was opened 4 yrs ago, he admitted that the kid was his. he never honoured the court agreement to pay R700pm. he is in arrears. now that i' m asking for an increase he runs to a lawyer and demands the tests. to me it sounds like a delay tactic, can the court grant him his wish of testing even though it' s not a new case?

i do have an existing order where he was made to py R700pm which he did not honour. his last contribution was in Jan2006. i was advised to first get the increase case going then go for my arrears (as i cannot have them running concurrently). i' m even thinking of asking the court to make him pay the whole 7000pm (instead of the R3500 which is his share) while i' m busy getting myself out of the financial rut i' m in due to his failure to honour his agreement, maybe for 2yrs or so. after that i' ll go after him for the arrears...

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Our expert says:
Expert ImageCyberShrink

I wonder how the Court feels about him suddenly demanding paternity tess, presumably not having done so before, just because he doesn't like the idea of paying more maintenance ? Its like the guy who loses an election demanding a recount of the votes. If he has previously admitted to the court that the child was his, I doubt that any magistrate or judge would respect his opportunistic attempt to wriggle out of his responsibilities - and your lawyer should ask that the higher maintenance be granted and paid pending the results of any tests, which should, of course, be at his expense.
If he has ignored previous court orders and is in arrears, isn't he technically in contempt of court ? And though he can't afford the maintenance he was obliged to pay unless and until the court decided otherwise, he can afford to pay a lawyer to challenge this ?
I don't understand some aspects of the law ; it sounds ridiculous that you can't approach the same court to make him pay the arrears and to consider increasing the amount, especially taking into account the increases in the price of everything. I'm sure it's fair to ask the court to take into account the financial problems caused to you by his failure to pay what the court ordered.

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2
Our users say:
Posted by: Wise Owl | 2009/11/18

What a gutsless worm of a specimen you ended up with. A real man would stand up and be counted and do what is expected of a father. Find yourself a good WOMAN lawyer, and go for this creep in a big way. Do not take no for an aswer and hound him until you get what you want or have him sent to prison. I' m ashamed to be the same gender as the creep.

Reply to Wise Owl
Posted by: cybershrink | 2009/11/18

I wonder how the Court feels about him suddenly demanding paternity tess, presumably not having done so before, just because he doesn't like the idea of paying more maintenance ? Its like the guy who loses an election demanding a recount of the votes. If he has previously admitted to the court that the child was his, I doubt that any magistrate or judge would respect his opportunistic attempt to wriggle out of his responsibilities - and your lawyer should ask that the higher maintenance be granted and paid pending the results of any tests, which should, of course, be at his expense.
If he has ignored previous court orders and is in arrears, isn't he technically in contempt of court ? And though he can't afford the maintenance he was obliged to pay unless and until the court decided otherwise, he can afford to pay a lawyer to challenge this ?
I don't understand some aspects of the law ; it sounds ridiculous that you can't approach the same court to make him pay the arrears and to consider increasing the amount, especially taking into account the increases in the price of everything. I'm sure it's fair to ask the court to take into account the financial problems caused to you by his failure to pay what the court ordered.

Reply to cybershrink

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