Posted by: Anon | 2011/05/30

Why wait so long

My live in partner has a child of 16 years. He pays schools, sees to clothes and cellphone as well as transport. as well as gives her money when she asks, which is every week. The mother now says that he owes her 10 years maintenance. lol... Can the court question the fact of why she waited so long to report arrears. Just asking? Please respond.

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Our expert says:
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It all depends whether there is in fact a court order. If there is a court order and he did not pay in terms of that order then obviously he will be in contempt. If there is no court order in place, then obviously she has no claim. A court order can't be varied between the parties, unless it was made an order of court.

Bertus Preller
B.Proc; AD Dip L Law
Family Law Attorney
Abrahams and Gross Inc.
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Our users say:
Posted by: Romany | 2011/05/31

If the original Court Order said he should pay maintenance to the mother (for the child) and he did not pay for 10 years and also did not advise the court that the child lives with him, had the maintenance order changed etc.... he still owes her for the 10 years.
It makes no difference hhow long she waited to claim the amount he owes her.

Reply to Romany
Posted by: GuGu | 2011/05/31

Although the court will ask obviously, it will not affect her case as you can apply for maintenance any time. Especially if there is an order and for 10 years he did not pay and the court was not told about the reason.
As order is and order, regardless.
So ja, he should have carried on paying until a legal document was put in place that he can stop paying.

Reply to GuGu

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