I need advise how to handle my maintanance issue with my ex wife please?
. I was in court about 2 weeks ago after my ex summonsed me to be there as I could pay for my boys from March as I didn’t have a job and only did jobs here and there. We weren’t in court but went to a person’s office and agreed on, after a bit of fighting, that I would pay R2250 for November and December and then from January I have to pay R7250. I started work at Ford Malalane 30 October 2017 as a new car sales executive and I need to find my feet first as my commission that I will be earning is not big at the moment. For December my commission is R1200 because only one of my cars got invoiced. My rent at the moment is R4500 per month, my food is R1500 and as you can see there’s nothing left this month to pay her. I would like to get medical aid for myself and said I’ll also put my boys on medical aid but my ex said she will put them on her medical aid. My arrears for the schools are very big (I think R75000) and I also need to start paying that off. I don’t know what else to do as I can’t pay what I don’t have yet. I would really like to see and talk to my boys as she is keeping them away from me at the moment because I can’t pay her anything yet. I don’t want to disobey the court and I don’t want to go to jail for not paying.
Dear Ben V, I suggest you immediately go to your local magistrates court in Malelane. Take your divorce order; access order and maintenance order. Inform them in respect of your problems and that you cannot pay this month and you need them to phone the court where the order is and ask him to arrange a new investigation in respect of the previous order as well as the access to the children as paying maintenance and access are two different issues. If you do not pay the order without any prior arrangement or agreement then they will issue a warrant for you.