Posted by: Tear Drops | 2010/06/01

maintenance and assets

Need advise please

I am a father of 2 children. I have access to my children every second weekend and 2 days every second week during the week as well. 42-45 % access.
I am currently paying 80 % of the upbringing of my children such as school fees, aftercare, school clothes, extra mural activities, medical aid The ex earns more than above salary,she is always making excuses she does not have money and wants me to pay for everything. She is abusing her money and created her own debt and spending her money on social activities etc

I have cut down most of my expenses since my divorce, so that my children can benefit. I have property, besides the one I live, in which was bought for the future for my children.

The question is.
1)If my EX goes to the maintenance court, and is able to prove that she is financially unstable. Can the court force me still to pay more maintenance than I am currently paying. Yes I do earn a large proportion more than the EX
2)If I am unable to pay more than I am currently paying 80%, can the court force me to sell my assets to sustain in paying for the EX’ s upkeep.
3) Can I force the issue that if she cannot upkeep the children, the children come and live with me as the primary caregiver and the EX has weekend access.
The Ex is the one who wanted the divorce as she committed adultery.

I will appreciate your advice and input

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Posted by: Danny | 2010/06/10

teardrops...i have sympathy with your position, for sound legal advice go to

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