No children, but still paying maintenance

This is a discussion on No children, but still paying maintenance within the Divorce, Separation, Annulment forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; I've scoured the internet, but haven't been able to find anything about this. I live in South Africa, and just ...

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Old Aug 18th, 2008, 03:19 AM   #1
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Default No children, but still paying maintenance

I've scoured the internet, but haven't been able to find anything about this. I live in South Africa, and just want to know what the law says about this situation.

My boyfriend was married for 9 and a half years. When he divorced, he signed a contract, saying he would pay his ex R3300 in maintenance a month. There was no set time period stating how long he'd be expected to pay it for. There are no children, and she has no dependants, owns her house and has no debts. He's being paying it with no complaints for the last four years, but is now wanting to appeal and stop paying. Can anyone tell me what chance of success he has if he takes it to court? Any advice would be appreciated.
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Old Aug 19th, 2008, 12:55 PM   #2
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Default Re: No children, but still paying maintenance

If it did not have a time period he can end it.

The two can go to court under family law provisions if need be and reset it, if anything is still owing --
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Old Aug 19th, 2008, 07:15 PM   #3
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Default Re: No children, but still paying maintenance

I don't live in South Africa, but I highly doubt that he can just decide to stop paying. He would need to go back to court to get the order terminated.
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Old Aug 20th, 2008, 12:21 AM   #4
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Default Re: No children, but still paying maintenance

Thank you for the replies. He does plan to go to court and either get it reduced or cancelled totally. The contract he signed had no set time period, only stating that he would pay until death or she re-married. All he wants to know is whether he stands a chance in court to have it reduced, considering the fact that he has paid it unfailingly for four years, but that she's not doing anything to better herself and is instead relying on the maintenance for the rest of her life?
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Old Aug 20th, 2008, 07:17 PM   #5
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Default Re: No children, but still paying maintenance

Sorry. I got no idea how South African courts would handle such a request.
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Old Aug 21st, 2008, 01:58 PM   #6
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Default Re: No children, but still paying maintenance

That argument is successfully made all the time in SA.

It is certainly worth a shot!
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