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Question
Posted by: sm | 2011/01/27

rule 43

My ex apply for rule 43 in the high court , the advocates agree to a maintance of 3000 ( i never knew it was by consent ) but the judge also directed that i do all thing necessary to put my son on my medical aid , the reason i did not pay maintainance because my estranged wife refused to take my autistic child for his speech and ot .. and refuse to remove him off her medical aid , i did buy his clothes and paid for his medication and doctor visit because her medical aid was used up . I need to know can I go to mainataince court to reduce this amount , although the order was in the high court because it was knew agreed that i paid the medical as well . My estrange wife refuse to produce her salary advise when my advocate asked for it . She earn almost the same salary as mine .and hpoe do i go about this process . I did ask her to reduce the amount ..she did not comment

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Our expert says:
Expert ImageFamily law expert

You may be able to vary a Rule 43 order only if your circumstances have changed since the day that the order was made, you may not do so through the maintenance court and will have to apply through the High court for review of the current order.

Bertus Preller
B.Proc; AD Dip L Law
Family Law Attorney
Abrahams and Gross Inc.
E: bertus@divorceattorney.co.za
W: http://www.divorceattorney.co.za
Twitter: www.twitter/edivorce
Facebook: www.facebook.com/divorceattorneys
Skype: divorceattorney

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: Candice | 2011/02/15

I am currently a housewife and divorcing my husband for being unfaithful. As I have no income and have spent my savings on attorneys thus far I need to know if the Rule 43 applies to my situation. My husband gives me access to his account to buy groceries and he pays the school fees and accounts. What am I to do please advise.
Many thanks and regards
Candice

Reply to Candice
Posted by: family law expert | 2011/01/29

You may be able to vary a Rule 43 order only if your circumstances have changed since the day that the order was made, you may not do so through the maintenance court and will have to apply through the High court for review of the current order.

Bertus Preller
B.Proc; AD Dip L Law
Family Law Attorney
Abrahams and Gross Inc.
E: bertus@divorceattorney.co.za
W: http://www.divorceattorney.co.za
Twitter: www.twitter/edivorce
Facebook: www.facebook.com/divorceattorneys
Skype: divorceattorney

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