“My Husband Earns over R86K but Won't Pay Child Maintenance”: Expert Advises Lady On Child Support
- A South African woman who is getting divorced says her husband refuses to pay maintenance despite earning a lot
- He earns over R86,000 a month, and she says he lives a lavish life but refuses to part with money for their children
- Advocate Kgalalelo Matabane, who practices in Gauteng and the North West, told Briefly News what the woman needs to do to fight for her rights
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Anonymous wrote:
"I'm in the process of getting divorced. My husband works abroad and earns over R86 000 a month but refuses to pay child maintenance. The divorce proceedings have been emotionally draining. We've been fighting for years for him to support our children, but he refuses to cough up a cent. I'm mentally exhausted and can't fight for money owed to my kids.
"Meanwhile, he lives his best luxurious life and flaunts it on his social media pages. They must attend school, get clothes, and meet many needs, including medical bills. How can I get him to pay what they're due?"
Divorce and family advocate tells woman the steps she must follow
Advocate Kgalalelo Matabane is a family law, divorce, recognition of customary marriages, maintenance, child custody and access advocate. She practices in the North West and Gauteng.
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Speaking to Briefly News, Advocate Matabane said the woman must demonstrate that the amount she needs from her husband is necessary for her or their children's basic needs.
"Following the issuance of a maintenance order or Rule 58 or 43 by the relevant court, she must apply under the Reciprocal Enforcement of Maintenance Orders Act 80 of 1963 to enforce the order. It is important to note that not all foreign countries are included in this Act, which may complicate claiming maintenance from a parent residing in a non-proclaimed country," she said.
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Matabane also said that the maintenance order must be submitted to relevant authorities in the country where her husband works, which will go through a lengthy process before it can be enforced.
"The ex-husband will be given a certain period to comply with the maintenance order. If he fails, the court may take enforcement measures such as garnishing his wages, seizing his assets or imposing fines or penalties."
Can social media posts affect maintenance judgement?
Matabane also said that it is essential for both parties involved in the divorce process to be honest and transparent about their finances.
"Displaying a luxurious lifestyle on social media does not guarantee a person can afford it. However, the court may consider this lifestyle when assessing a party's financial situation if the other party fails to provide evidence of their income and assets," she said.
She also said there are free legal services she could seek assistance from, including Legal Aid, Lawyers for Human Rights and Centre for Child Law. In the meantime, she could get temporary financial relief from the spouse through an interim order under Section 16 of the Maintenance Act.
Disclaimer: The advice in this article is general and does not reflect the views of Briefly News. It is not intended to influence a reader's decisions. Readers are advised to seek professional help before making any decisions.
Do you have a story to tell? Want an expert's advice? Please email us at contact@briefly.co.za with 'Ask an expert' in the subject line.
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Source: Briefly News
