NOT KEEPING TO THE MAINTENANCE AGREEMENT
My husband and I were divorced and we both signed an agreement that he would pay for our child’s school fees until he turned 18 and give me a yearly amount of R6000 every year in July for the child’s upkeep. Needless to say, he did not keep to the agreement, despite signing the agreement. The child in question is not either mine or his biological child, however, my ex-husband registered the child as mine and his own child (he has many contacts at Home Affairs)which was basically so that he could acquire permanent residence in South Africa. I tried to take the matter to the family court in Market street, however, it was thrown out of court because the signed agreement said that no children were born out of the marriage. He refuses to pay and when I took the matter up with the attorney who assisted me with my divorce, he said that I would have to pay R30 000 in order to summons my ex-husband for failure to keep to the agreement. I can not afford that amount and really feel helpless. Please advice me.
“The child in question is not either mine or his biological child, however, my ex-husband registered the child as mine and his own…so that he could acquire permanent residence in South”. This allegation is very serious and deserves immediate attention by the authorities. This child was or is being used for the single purpose of aiding your ex-spouse’s application at the department of home-affairs to secure a South African permanent residence. The child is neither yours nor his…where did you and your ex get the child from? As it stands, the interest of this child is of utmost importance and I encourage you to urgently contact the department of social development on 0123127500, or the police’s 10111.
Hello. It must be very depressing for your ex-husband to put you in such a precarious financial situation when you were counting on his support. Really dishonest on his part. The issue here is whether the agreement can be enforced. The content of the agreement is a bit unclear in that you say he agreed to pay for “our child” and yet the agreement states that “no children” were born out of the marriage.
I will suggest you warn your ex-husband that his permanent residence can be revoked by home affairs if it was fraudulently obtained. In effect if there was a misrepresentation on his application form or during the interview.
Back to the agreement I will suggest you approach the legal aid board, wits law clinic , or probono.org. Their lawyers will assist you for free and scrutinize the agreement to find out if it is enforceable and will thereafter help you. Please google for their contact detail. All the best.