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Question
Posted by: Bianca | 2011-05-12

Maintenance

Please advise me: I have moved in with my freinds parents and i have two Boys (13) and (8) knw my ex-husband does not like where i stay and he said that i must think about it if i want to give him the kids unitill i find myself another place and if i dont he will not pay the maintenance money in the he will pay wjat ever needs to be paid from his side i must give the account numbers to him can he do this to me.

Please i seriously need some legal advise.

Thank You
Bianca

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Our expert says:
Expert ImageFamily law expert

He can't withhold the maintenance. If there is a court order in place that he needs to pay maintenance he will have to apply to court to vary it otherwise the court order stands and non-payment by him will result in contempt of court. If he wants to be the primary caregiver of the children he will have to lodge a court application to amend the existing order, in the absence thereof the status quo stands.

Bertus Preller
B.Proc; AD Dip L Law
Family Law Attorney
Abrahams and Gross
O: +27 (0) 21 422 1323
E: bertus@divorceattorney.co.za
W: www.divorceattorney.co.za

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1
Our users say:
Posted by: family law expert | 2011-05-14

He can't withhold the maintenance. If there is a court order in place that he needs to pay maintenance he will have to apply to court to vary it otherwise the court order stands and non-payment by him will result in contempt of court. If he wants to be the primary caregiver of the children he will have to lodge a court application to amend the existing order, in the absence thereof the status quo stands.

Bertus Preller
B.Proc; AD Dip L Law
Family Law Attorney
Abrahams and Gross
O: +27 (0) 21 422 1323
E: bertus@divorceattorney.co.za
W: www.divorceattorney.co.za

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