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Question
Posted by: TP | 2011/09/28

Please advise

Hi, I have 3 children with my ex husband. We have been divorced since beginning of 2007. He never paid school fees as per the court order and he was never interested in paying maintenance as per the court order (just drips and drabs for 1 year and then it totally stopped). His interest in the children would lesten monthly up to a point that he didn''''''''t see them for a year (despite my efforts to encourange visits) Last year he signed off all parental rights and my current husband applied to adopt the children. He ows just over R70 000 in Maintanance, medical fees (he should pay half as per the court order) and school fees. I have a special needs child that requires expensive medication that the medical aid doesn''''''''t cover. My question is - Is he still liable for the maintenace untill the adoption goes through? And how would I go about it to recover the maintenance - because he always claims that he is unemployed (for 4 years now) Please advise.

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Our expert says:
Expert ImageFamily law expert

He is still liable for the maintenance until the adoption goes through. I suggest that you lay a charge at the maintenance court. Obviously the court will postpone for a period payment until he finds a job where after you can bring him before court again to review the status.

Answered by:
Bertus Preller is a Divorce Attorney in Cape Town and has more than 20 years experience in most sectors of the law and 13 years as a practicing attorney. He specializes in Family law and Divorce Law at Abrahams and Gross Attorneys Inc. in Cape Town. Bertus is also the Family Law expert on Health24.com and on the expert panel of Law24.com and is frequently quoted on Family Law issues in newspapers such as the Sunday Times and Business Times and magazines such as Noseweek, You and Huisgenoot. His clients include artists, celebrities, sports people and high networth individuals. His areas of expertise are Divorce Law, Family Law, Divorce Mediation, Parenting Plans, Parental Responsibilities and Rights, Custody (care and contact) of children, same sex marriages, unmarried fathers rights, domestic violence matters, international divorce law, digital rights, media law and criminal law.

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.

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Our users say:
Posted by: family law expert | 2011/09/30

He is still liable for the maintenance until the adoption goes through. I suggest that you lay a charge at the maintenance court. Obviously the court will postpone for a period payment until he finds a job where after you can bring him before court again to review the status.

Answered by:
Bertus Preller is a Divorce Attorney in Cape Town and has more than 20 years experience in most sectors of the law and 13 years as a practicing attorney. He specializes in Family law and Divorce Law at Abrahams and Gross Attorneys Inc. in Cape Town. Bertus is also the Family Law expert on Health24.com and on the expert panel of Law24.com and is frequently quoted on Family Law issues in newspapers such as the Sunday Times and Business Times and magazines such as Noseweek, You and Huisgenoot. His clients include artists, celebrities, sports people and high networth individuals. His areas of expertise are Divorce Law, Family Law, Divorce Mediation, Parenting Plans, Parental Responsibilities and Rights, Custody (care and contact) of children, same sex marriages, unmarried fathers rights, domestic violence matters, international divorce law, digital rights, media law and criminal law.

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