Can I stop paying my ex-wife?
My settlement agreement with my ex-wife obliges me to pay her maintenance of R25000 a month for two years. The agreement states that if she cohabitates her maintenance will cease immediately. I am reliably informed that I she is staying on her premises with her boyfriend as his car is always parked there. I am struggling to make this payment. Can I stop paying this amount on the facts? I can hardly afford that amount and I have had to seriously tighten my belt.
You should not just stop paying until you have concrete proof. This might require you get a private investigator to gather the evidence. If the agreement was made an order of court you can apply to the same court for a variation of the order and put the facts before the court. The Judge or Magistrate (depending on the court) will then make a decision. I expect that such an application will be opposed, and evidence will have to be led, including oral testimony. If you can no longer afford the amount you can also apply to the courts with evidence that shows that your financial circumstances have changed to that extent.