Ex husband failure to pay school fees
My ex husband and I got divorced and in our divorce agreement it clearly stipulates that he is responsible for school fee payment. He failed to pay any school fees this year and now I am being sued for payment thereof as well. What are my rights? Is a hig court order not binding?
Category: Marriage and Divorce, Maintenance Issues
Region: South Africa, Western Cape
1 Answer
Hello
A High Court order is binding. If he fails to pay, he is in contempt of court, and you can effectively lay a criminal charge. I will advise that you take the court order to the maintenance section of the Magistrates court. They will formally register the court order and pursue him for payment when he defaults. If he fails they will issue a criminal summons for him to appear in court on a charge of “ failure to pay maintenance”. School fees is part of a maintenance order.
If you are being sued, send a copy of the court order to the plaintiffs as a “ special plea “ and direct them to your ex-husband.
Warmest regards.