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Question
Posted by: Charmaine2 | 2010/10/19

Maintenance agrrement

Hi there

My fiance has a chid of the age of 9 years old, from the age of 5 years till this present day my fiance has been paying for everything, medical aid, school fees, transport for school, school uniform ect.

They had a joint agreement that has been stated in their divorce agreement, that they would pay 50-50, this has not happend. My fiance has been 100 fiancially responsible due to the lack of the mother contributing towards to childs wellbeing.

They are going through a custody battle at the moment, in the event of the child staying with its mother, can my fiance claim back the years for her not paying? we know that he has paid for 4 years full, could he suggest that the mother pays school fees, stationary, transport to school, school uniform and medical aid from the time he turns 10 till he reaches age 14, then they both can contribute 50-50 after that??

I do not believe that its best for the child to live with a mother that neglects him and does not take care of anything financially, If she does get custody it would not be right for my fiance to pay for eveything when the child does not even live with him.

The mother only works part-time and told the FA that she would be working and has a job. Does that mean she is fiancially capable of paying for the child?

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Our expert says:
Expert ImageFamily law expert

If there is a court order that stipulate that she has to contribute to the maintenance then surely she will be in contempt of court if she did not contribute her part and therefor your fiance will be able to claim the arrear maintenance and set the arrears off against any future payments. It is important that your fiance bring under the court's attention that she is in arrears as this will have an effect on her application for trying to gain custody. The reason being that you can't approach the court with unclean hands, i.e by being in contempt of a previous order.

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

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Our users say:
Posted by: family law expert | 2010/10/19

If there is a court order that stipulate that she has to contribute to the maintenance then surely she will be in contempt of court if she did not contribute her part and therefor your fiance will be able to claim the arrear maintenance and set the arrears off against any future payments. It is important that your fiance bring under the court's attention that she is in arrears as this will have an effect on her application for trying to gain custody. The reason being that you can't approach the court with unclean hands, i.e by being in contempt of a previous order.

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

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