Question posted in the Divorce Law category relating to Eastern Cape
Question value: R 300.00
I am in serious need of advice please.
Was divorced just over 2 years ago. She wanted the divorce and I convinced her to try again. The plan was then to go ahead with the divorce and start over. I made everything very easy to get the divorce done. Even her attourney said he cannot believe haw easy it is.
So basically I end up still paying for everything as normal. Only the support became extra. This amount is very high but was told at that time by my ex not to worry because we know what we are doing. Then the divorce was settled and she said no, she is not doing it and I must go. So I was left for a sucker.
Now she knows excactly I cannot pay the full amout of support, it is impossible. So she agreed verbally that I pay at least the childrens share. She does not worry about her share, which I have been doing or trying to do their full amount.
Few weeks ago she phoned again about the support. I asked her to give me at least 2 months as I am sorting out financial issues to be able to give more. Now I was summonsed by a court letter that I must give all the outstanding money and sheriff of the court was at my place to look at property to take to make up the money. Only item that can be is my car. If I dont have a car, I cannot get to work to get paid. All my things on my name is in the house where she is staying.
So please help, I need advice on what to do with this.
Answer to the Question
Hi there Morne and thank you for your question,
I am a practicing attorney based in South Africa and I will assist you with your question. Please feel free to ask as many follow up questions in order to clarify your question. If you have a new question, you must please open a new thread.
In our law, the parties to a consent paper are legally entitled to vary (change) the terms of the consent paper based on an agreement, or their conduct. That means that your ex-wife's agreement with you, and your payment in accordance with the agreement, of an amount less than the consent paper, changes the consent paper.
Your ex-wife can't now go back to the original wording and demand that you pay more.
You guys have effectively agreed already that you will pay less.
My suggestion is that you tell her that you guys agreed to vary the terms of the consent paper, and that you would pay less maintenance, and that is now the case. She can't change her mind.
Tell her that you've got legal advice on the issue and that she is welcome to go to the maintenance court to argue about it, but you can't afford any more maintenance.
If the sheriff has arrived at your house with a warrant, then you need to get an attorney to assist you to challenge the warrant based on what I've said above. You will need to apply to court to stay the warrant - i.e. stop the sheriff attaching your car.
This would be done at the maintenance court.
I can't refer you to a specific lawyer who can represent you in this dispute, but I can direct you to www.southafricanlawyer.co.za, where you can find a list of qualified lawyers in your area who will be able to assist you further!
If there is a part of the answer which you need more advice on, or clarity please continue in this same thread instead of opening a new question.
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