Posted by: No More Mr Nice Guy | 2009-12-18

Up to my here!! Now what??

I approached the maintenance court to have the amount (R5000 p.m. for one child) reduced, for two reasons (a) the amount is more than half of my salary  (b) I am unemployed at the moment. While I was working, I could only afford half of that, which I did pay (cash &  medical aid contributions). I had all the required proof of income and expenses, but it wasn' t even looked at. I felt that I was being blatantly ignored and was being treated like I did something wrong. Then my ex-wife asked about laying a criminal charge against me for not paying the R5000! To my horror, the official said that it is possible.
I am unemployed, have been to the High Court for Informa Pauperis assist, but have been rejected by three legal firms, mainly because ' they' re busy' . The High Court people have not been able to help me further.
I have not been able to converse with my ex, as she refuses to talk to me like a decent human being. I have done everything according to the book, provided all documents, and not failing to disclose anything. On the other hand, my ex is lying through her teeth, simply looking at the summons documents makes it obvious.
Who can I go to for help in Cape Town? I have got nothing to hide, I want to do the right things and what' s best for my daughter, but I either get treated like a criminal or the people I have approached have insufficient knowledge. I am very disappointed in this part of our law system. Please, I really need assistance.

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Our expert says:
Expert ImageDivorce support expert

Dear "Nice Guy",

as I just answered in the previous post, SADSA is not qualified to provide legal advice. You may contact me for a legal referral though.

The legal system does seem to fail many people unfortunately and it is hard to figure out where to begin and how it will end.

You have though used some valuable words when you say that you want to do what's best for your daughter. If you keep your focus on that, trust that the outcome will eventually be right too. Unfortunately too many legal battles are not even about legal issues. It is important to clear the anger and the hurt before even going the legal route.
Divorce coaching could be of benefice to you and the mother of your daughter in order for the both you to move forward in your new direction while keeping peace for your child.

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.

Our users say:
Posted by: G-Dad | 2010-01-07

The problem was that you did not pay the full amount, it make you look like the pig in the story, I do not know the the history of this case but other factors will also play a part.

Magistrates is also humans and depending on what mood they are they make their orders which is wrong and I personally think that too many orders has been made in bad judgement.

If it was me I will get a local attorney that know the magistrates, the attorney know how the different magistrates react to what and they will go another magistrate depending on the size of the court.

Try a legal aid clinic, it is students doing their articles and need the experience, a qualified experienced attorney normally guide them that, it might be the only option left, but I still think that you should get R10000 somewhere and get a decent local attorney.

Reply to G-Dad
Posted by: Gert de Bruyn | 2009-12-20

Contact Fathers for Justice. F4J.CO.ZA

Reply to Gert de Bruyn

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