Can we sue her for maintenance? - South Africa

This is a discussion on Can we sue her for maintenance? - South Africa within the Child Custody & Support forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; I am from South Africa. My husband and I gained custody of his two sons (now 15 & 18) 3 ...

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Old Dec 31st, 2007, 06:58 AM   #1
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Angry Can we sue her for maintenance? - South Africa

I am from South Africa. My husband and I gained custody of his two sons (now 15 & 18) 3 years ago. We also got the mother to pay us a monthly maintenance amount according to what she could afford. The problem is she is working for her new husband who is paying her a minimum amount in order for her to pay a minimum maintenance amount (R400 each) for the boys. Is this legal and if we can prove that this is happening will the court accept our findings.
The younger son has now decided to move back to his mother. Due to my husband earning substantially more we have to pay double the maintenance (R1000) for 1 child. However he will be in boarding school 5 days a week. We are also paying the school fees, boarding fees and all medical costs.

Can we sue her for maintenance for the 18 year old who will be taking a gap year before continuing with his studies in 2009. i do believe she is responsible for clothing, medical, food, housing & dental. She has already failed to pay the increase of the maintenance for 2007 and failed to make the payment for Dec. Would appreciate any assistance.
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Old Jan 3rd, 2008, 11:06 AM   #2
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Default re: Can we sue her for maintenance? - South Africa

If you can prove that, the court will increase the payments.

Also sometimes the court will just impute a value to the work--ie what she should be making.
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Old Feb 23rd, 2012, 11:19 AM   #3
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Default Re: Can we sue her for maintenance? - South Africa

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I am from South Africa. My husband and I gained custody of his two sons (now 15 & 18) 3 years ago. We also got the mother to pay us a monthly maintenance amount according to what she could afford. The problem is she is working for her new husband who is paying her a minimum amount in order for her to pay a minimum maintenance amount (R400 each) for the boys. Is this legal and if we can prove that this is happening will the court accept our findings.
The younger son has now decided to move back to his mother. Due to my husband earning substantially more we have to pay double the maintenance (R1000) for 1 child. However he will be in boarding school 5 days a week. We are also paying the school fees, boarding fees and all medical costs.

Can we sue her for maintenance for the 18 year old who will be taking a gap year before continuing with his studies in 2009. i do believe she is responsible for clothing, medical, food, housing & dental. She has already failed to pay the increase of the maintenance for 2007 and failed to make the payment for Dec. Would appreciate any assistance.
your husabnd has custody. you are a legal stranger with no rights or standing to do anything. and this is your husband's legal business. and none of yours
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