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Question
Posted by: Mandy (M Fourie) | 2011-04-08

MAINTENANCE DEFAULTING - FATHER WORKING OVERSEAS

When the father works overseas in Canada and now stops paying maintenance because his child of 11 doesn''t want to talk to him any more as he tries to rule the roost from there, what recourse does the mother have? The divorce was done in South Africa as both parents are S A citizens. The father wants the mother to withdraw the child''s savings (the money is invested in the child''s name) to ''invest'' it overseas but the mother is uneasy about that and doesn''t trust the father''s intentions. She has ample reason. Since he resides in Canada, what can she do and will it be costly?

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Our expert says:
Expert ImageFamily law expert

You may, approach the maintenance court and enforce the South African maintenance order in Canada. The savings should stay where it is.

Bertus Preller
B.Proc; AD Dip L Law
Family Law Attorney
Abrahams and Gross Cape Town
O: +27 (0) 21 422 1323
E: bertus@divorceattorney.co.za
W: www.divorceattorney.co.za
Twitter: www.twitter.com/edivorce
Facebook: www.facebook.com/divorceattorneys

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4
Our users say:
Posted by: family law expert | 2011-04-17

You may, approach the maintenance court and enforce the South African maintenance order in Canada. The savings should stay where it is.

Bertus Preller
B.Proc; AD Dip L Law
Family Law Attorney
Abrahams and Gross Cape Town
O: +27 (0) 21 422 1323
E: bertus@divorceattorney.co.za
W: www.divorceattorney.co.za
Twitter: www.twitter.com/edivorce
Facebook: www.facebook.com/divorceattorneys

Reply to family law expert
Posted by: Mandy | 2011-04-12

Thank you, Anon! I was aware of the court maintenance option but not of the alternatives. Thanks for answering my questions!

Reply to Mandy
Posted by: Anon | 2011-04-11

HI Mandy

You can approach the maintenance court and report the default, but they will take all year to get it sorted out. However you can ask for warrant of arrest and find out the sheriff in the area that he stays and have it served overseas.
The other option is to claim it from the grand parents as they are now liable if their son has with held because he cant get his own way.
You can also contact the following firm that has had great success of getting overseas maintenance defaulters to pay.
info.at. buzzit dot co dot za. or buzz-itinfo at mweb dot co dot za or 021 8534333.

Maintenance can not be withheld as the father feels he cant get his own way.
The law clearly defines access as one item and maintenance as another item.

Good luck the Fouries are a slipper crowd

Reply to Anon
Posted by: Elizabeth | 2011-04-09

My daughter has a similar problem. The child''s father works in Egypt and does not pay maintenance as he should.
The court order ruled that he must pay X amount per month, provide medical aid and pay 50% of all medical costs.
He paid at the end of Nov 2010, then failed to pay end of Dec and Jan and then end of Feb he paid about R400 less than what he should and end of March about R200 less.
The child is now on my medical aid, can I sue him for the amount I pay for medical aid each month and can I do so from the time that he has left?
Is he also not supposed to increase the maintenance annually as the child grows up?
The amount has stayed the same since 2008 - the child was then 3 and is now 5 going on 6

Reply to Elizabeth

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