Legal advice please

[NBC]

HI Guys,

I hope someone can help. I got served with papers yesterday to go to court over arrears in child maintenance amounting to over R85 000 in less than 3 years (which is not the case, I pay every month). The one big problem is that I live in Cape Town and the case is in Johannesburg.

Surely you have to go to the facilitator that was appointed by the court or the maintenance court first? Surely going directly to criminal court is not the right way to go?

Thank you in advance for any advice.

 

[Venomous]

If you got a summons it means it has been to maintnance court for that.
There are processes to follow, and the courts are strict on non-payers.

If the other party resides in jo'burg the case would be opened there.

If you do not attend the court date you will be held in content of court, and as it is child maintnance they are likely to then rule as favours the child, rather than postponing.

should you then not pay a warrant of arrest will be issued.

You will probably find that the lawyers fees todate have been added to whatever the claim is...

and interest back dated to where ever.

 

[ShaunSA]

I hope you have proof of payment and have been paying the amount agreed on?

 

[NBC]

I know it has NOT been to maintenance court, she went directly to criminal court. That is is why I'm asking. And the facilitator has been appointed for exactly this reason, but she is not making use of her.

 

[NBC]

Luckily I have proof of payment yes. And besides the settlement papers, I have various other agreements between us in writing (email).

 

[ProfA]

No offense, but if you have been paying and the other party is trying to make life difficult for you nonetheless, then the other party is a vindictive scum.

 

[Tinuva]

In which case you should file a counter just to show her that she should not be full of ****.

 

[envo]

HI Guys,

I hope someone can help. I got served with papers yesterday to go to court over arrears in child maintenance amounting to over R85 000 in less than 3 years (which is not the case, I pay every month). The one big problem is that I live in Cape Town and the case is in Johannesburg.

Surely you have to go to the facilitator that was appointed by the court or the maintenance court first? Surely going directly to criminal court is not the right way to go?

Thank you in advance for any advice.

Before the courts summons you, they usually get you to appear in court to state your case and show that you have been paying. The other party needs to also prove (with 12 months worth of statements) that there hasn't been any money coming in for it.

Show them the proof and have it done and dusted. You do have to go into the court in JHB to do that though. If you're a no-show, the court can make a decision (which is usually in favour of the kids) and garnish your salary for back pay and maintenance going forward

(this is from my own experience and having had family go through the same thing)

 

[NBC]

No offense, but if you have been paying and the other party is trying to make life difficult for you nonetheless, then the other party is a vindictive scum.

Agreed. Pity that I don't have the money to fight the battle for full custody. I have recently remarried, very happy, and so is my daughter when she visits (she is 5). Hardly speaks to her mom when she goes back. We pay for all the plane tickets, which already amounts to over R100K in less than 3 years (most of it on loan).

 

[f2wohf]

In the worst case scenario if you cannot go, you could file an answering affidavit answering point by point to her arguments and adding your evidences to it.

You need to make it served to the court and to the other party (don't take any chance and make it served by a sheriff).

Claim for the dismissal of the claim and for your costs in the answering affidavit (sheriff...).

The best would be for you to serve an answering affidavit AND to go to court as not showing is always against you.

Edit: Also state in the affidavit a very good reason for not showing in court !

Here is a template that you can use to get a better idea http://cer.org.za/wp-content/uploads/2013/02/Veja-v-Omnia-Answering-Affidavit.pdf

 

[desiganp]

Did the papers say "summons"? What exactly was the title of the document?

Was it served on you by the Sheriff? Did it have the Court stamp on it?

 

[NBC]

In the worst case scenario if you cannot go, you could file an answering affidavit answering point by point to her arguments and adding your evidences to it.

You need to make it served to the court and to the other party (don't take any chance and make it served by a sheriff).

Claim for the dismissal of the claim and for your costs in the answering affidavit (sheriff...).

The best would be for you to serve an answering affidavit AND to go to court as not showing is always against you.

Edit: Also state in the affidavit a very good reason for not showing in court !

Here is a template that you can use to get a better idea http://cer.org.za/wp-content/uploads/2013/02/Veja-v-Omnia-Answering-Affidavit.pdf

Thank you for this, I will definitely look at this too. I know a senior council, will ask for an opinion as well.

 

[NBC]

Did the papers say "summons"? What exactly was the title of the document?

Was it served on you by the Sheriff? Did it have the Court stamp on it?

Unfortunately all of the above.

 

[Venomous]

Unfortunately all of the above.

what was the title/heading?

 

[NBC]

what was the title/heading?

Summons to appear in the magistrates court for failure to pay maintenance.

 

[Nikita_k]

All the best. I hope you get this resolved. I have also been summoned to children's court in 2 weeks. I know it can be frustrating, especially when you know you have been doing the right thing all this time.

 

[NBC]

All the best. I hope you get this resolved. I have also been summoned to children's court in 2 weeks. I know it can be frustrating, especially when you know you have been doing the right thing all this time.

Thanks Nikita. Yes, very frustrating that someone will go to such lengths to make your life difficult.