Our expert says:
Family law expert
The initial court order is still in existence and as a result you will be entitled to claim maintenance, no matter whether there was an agreement between yourselves to the contrary. A divorce settlement agreement is a court order and may only be varied on application to court and by order of court. Effectively you will be able to claim the arrear maintenance in terms of that order as well. If the amount of maintenance in terms of the order is not enough you can approach the maintenance court for an increase so you will need to either see an attorney, which I advise or make an appointment with the maintenance officer at the maintenance court in the area where the children reside.
As far as the arrangement regarding the shared residence aspects concern and your intention to change this to a situation where he will be the parent of alternate residence I suggest that you see an attorney. Mediation is a good way to resolve disputes, however, can be costly and sometimes even more costly than legal fees. The other problem is that mediation is not final and binding and it happens frequently that parties opt for mediation only to find that they have to go to court ultimately if mediation fails. You have to differentiate between mediatiion in terms of the Children's Act and mediation over the maintenance dispute. These are two completely differant aspects with differant consequences. Go and see an attorney.
B.Proc; AD Dip L Law
Family Law Attorney
Abrahams and Gross Inc.
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