advertisement
Question
Posted by: Samantha1 | 2010/12/10

Maintenance Agreement

Divorced parents contribute to maintenance according to how much they make, example: if the father makes 20K and the mother makes 10K the father will pay more. What happens if the mother is unemployed now with another child from a different man but she has not changed the court agreement from 50%? She has not paid in 5 years and has not had transport for the past 2 years, she now relies on her boyfriend for transport. She had her own place for only 2 years but for the past 3 years has been moving around which her boyfriend also pays for, I know this because she is unemployed.

Can the father claim arrears up till when she decides to go to court to reduce her %. She does not pay for anything. Does she have to prove that she pays for the home and transport? or does it count to her maintenance that her boyfriend actually pays for that? She does not pay anything else, the father has all other expenses also has his own home and vehicle. They share custody.

Not what you were looking for? Try searching again, or ask your own question
Our expert says:
Expert ImageFamily law expert

Untill such time as the court order has been varied, it is still intact and violation thereof will result in contempt of the order. Having said that, if she is unemployed with no income, you won't be able to enforce your claim and will have to bring her before court in a couple of month's time, or when she obtains employment. The arrear maintenance will simply add up and she will be liable for it as and when she is able to pay. You may also consider to bring her parents before court and will have a claim against them for the maintenance that she can't pay.

Bertus Preller
Family Law Attorney
Abrahams and Gross Inc
info@divorceattorney.co.za

The information provided does not constitute a diagnosis of your condition. You should consult a medical practitioner or other appropriate health care professional for a physical exmanication, diagnosis and formal advice. Health24 and the expert accept no responsibility or liability for any damage or personal harm you may suffer resulting from making use of this content.

2
Our users say:
Posted by: family law expert | 2010/12/16

Untill such time as the court order has been varied, it is still intact and violation thereof will result in contempt of the order. Having said that, if she is unemployed with no income, you won't be able to enforce your claim and will have to bring her before court in a couple of month's time, or when she obtains employment. The arrear maintenance will simply add up and she will be liable for it as and when she is able to pay. You may also consider to bring her parents before court and will have a claim against them for the maintenance that she can't pay.

Bertus Preller
Family Law Attorney
Abrahams and Gross Inc
info@divorceattorney.co.za

Reply to family law expert
Posted by: Anon | 2010/12/10

The amount in arrers is as per the court order that was granted. It is calculated from the first missed payment up untill the date in court.
If she is of working age and no other items prohibit her from working the EX must insist she eiether activelly seeks employment or that the court apoints work (i.e Street sweeper) and then a salary can be garnished.
She has every right to have the court order ammended due to her presant state of employment , but untill that date she has to pay according to current court order.
Non of the boyfriends income is taken into consideration only hers and ex.
If she still wont tow the line then it should be questioned how she is going to care for the next child and maybe welfare should be called in?
The other route that is open is to request it is paid by her parents if she is not able to provide.

Reply to Anon

Have your say

Thanks for commenting! Your comment will appear on the site shortly.
Thanks for commenting! Your comment will appear on the site shortly.
advertisement