Our expert says:
Family 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.
Family Law Attorney
Abrahams and Gross Inc.
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