POST DIVORCE PROBLEMS

[Dawnbuddy-SA]

Hi There

I would really appreciate it if you could give me some unbiased advice. My divorce was decreed in the High Court of SA:- case no 9935/01 on the 13th December 2001. I was in business with my ex and our divorce settlement in a nutshell was that we sold our house, paid off all debts and he would pay me for my share of the cc @ a certain rand amount per month plus R1000.00 per month maintenance until I remarried. (I am still single). He did this for 6 months and then stopped. What actually happened was that the one business we owned together was a Service Station, that was taken away from him by the oil company due to poor management and he reckoned that he no longer owed me!!! I had my attorney write to him and long story short nothing happened. All this had devastating effects on my financial status and I had to give up the plans that I had to start my own business and find a job, which took me a while as I had not worked in the public sector for 15+ years. He however did give me some of the R1000.00 on and off over the last 5 years which has amounted to about R15000.00. I have given him time to get on his feet as it did not help trying to get blood out of a stone and although we are on speaking terms, he has ATTITUDE whenever I broach the subject of the outstanding monies. I am now residing in KZN (moved here from Cape Town 4 years ago) and recently contacted my lawyer to proceed once again with some sort of action to get my money owing to me. Two days after doing so my ex approached me about signing my share of the CC over to him, which I have not done as he still owes me this money. I find this a bit weird and although it might be co-incidental, I have a gut feeling that my attorney and ex are in contact with one another. (We did both go to him for the divorce!) Thus, I have decided to find legal assistance closer to home.

I would appreciate it if you could advise me on the following:

1. What is the procedure in getting all my docs from my old lawyer to a new one?
2. Do you think it is a good idea to get legal assistance closer to home or will it incur a lot more legal expenses?
3. With not having signed over the CC to my ex what are the implications as far as the CC's debt/loss or profits on me? There is no mention of that in my Divorce settlement.
4. I was told by my attorney that this divorce decree enables me to claim this money within period of 23 years from the date of my divorce; is this true?
5. Do I have to take this back to the Supreme Court if he decides to contest or can the outstanding debt not be claimed via a legal claims department?

Thank you very much for your service and I await your reply in anticipation.

Yours truly

Dawn Schlorf

answered privately