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Question
Posted by: candy | 2011/01/27

Urgent RE Post 119

Hi

I have an 8 year old daughter for a previous relationship.
In May 2003 I went to maintenance court to claim maintenance against the father. In March 2004 (almost a year later &  after I had to deliver court summons myself) a court order was granted. The order stated that the father contributed R400pm towards maintenance and R1400 every six months towards clothing. I was unemployed at the time so any other financial contribution was made by my family. With this another agreement (not court order) was also made that I allow him to see the child as and when he wanted (something I never had a problem with).

At the end of March 2004 I took her to where he lived for a visit. Maintenance was paid for that month and never again. In July 2004 I approach the maintenance court again as he had failed to pay any maintenance. I was then granted a garnishee order. I was given the contact details of the sheriff or the court to get confirmation that this was served to his employer. Sheriff confirmed it was served. However when I contacted his employer, payroll had no knowledge of the garnishee order. I December 2004 I again took her for a visit but only received money for transport to and from for the visit and a promised that money would be paid into the bank. Again nothing was paid.

I tried on numerous occasions to get him to pay maintenance but had no luck in this. I get send from pillar to post with no one giving me any answers and I can''t afford a lawyer.

I begged and begged for years until I decided to do everything on my own. My circumstances changed and I later approached him personally and we came to an agreement (in Sept 2010) but he pays one month and nothing the next. Now Nothing.

I was unemployed for a few months last year but am working now (temp). This has however left me in arrears with a lot of accounts, mainly credit card which I had to max out to support my child. He promised to take care of school fees this year but I can’  t trust him as schools are open and nothing has been paid from his side and the school has me on their books if I don''''t pay I will be the one who get taken to the lawyers.
What can I do get help without having to pay someone to represent me. This cat and mouse fight has been going on for years now and I just don''''t seem to get any real help. Can you please give me some helpful advice? I am in Pretoria

Thanking you kindly.

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Our expert says:
Expert ImageFamily law expert

Go back to the maintenance court and request that the maintenance officer assist you or see an attorney.

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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1
Our users say:
Posted by: family law expert | 2011/01/30

Go back to the maintenance court and request that the maintenance officer assist you or see an attorney.

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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