When to stop maintenance payments?

[Ghazi]

What's the law on this?

 

[greg_SA]

If she has someone living with her for 6 months of more (might even be less), then you can stop paying maintenance for her...

Go see your lawyer...

 

[Waaib]

My understanding is that the law is that whatever you have contracted to do is what you need to do.
So:
First you can't just stop paying her if your contract says you must.
Second you can stop paying her if she agrees to this and both parties sign and agree to a new contract.

 

[alisiaoh]

Go see your lawyer. If another man can live with her and she is earning an income why should you pay for them to cosy up together??? And now that your child is no longer living with mom there's and even bigger reason to stop paying maintenance for the wife.

 

[Ghazi]

My thoughts too.

 

[Jewelbox]

All depends on the court order when you got divorced. (The agreement between you and your ex)

 

[Waaib]

Yes, the maintenance order specifies an amount for the child and an amount for her, but was thinking that this cant surely be cast in stone. Things change, like my child is costing me a good deal more than the portion I paid her for his upkeep.

Yes it can be changed. What I'm saying is there is a correct order to do things in. You can't stop paying and then negotiate. You need to first agree (i.e. fight it out) with her and then you can stop. Otherwise if you stop she runs to maintenance court and you are seen in a negative light from the start.

 

[blunomore]

You are obliged to pay your ex-wife's maintenance (or alimony) until she re-marries. The fact that she LIVES with another man or earns a salary of her own, does not negate your legal obligation.

HOWEVER, you can approach the court to reduce the amount. The motivation for that would be that she now has income from other sources.

EDIT: To save the court's time, it is helpful to negotiate this with her beforehand (either directly or through your lawyers), then amend your initial settlement/maintenance agreement and have this new agreement made an order of court.

 

[Nocturnity]

Not a chance in hell I'm getting married... Sheesh! 0.0

 

[blunomore]

Not a chance in hell I'm getting married... Sheesh! 0.0

Well, you ought not start something with the end in mind

 

[Ghazi]

Your advice is correct.

 

[blunomore]

Your advice is correct.

Experience has taught me that nothing will be gained negotiating with the ex directly, as she will never consider voluntarily forgoing any amount of the maintenance she receives.

My lawyer has advised that she will process the amendment to the current maintenance order at the court closest to the ex's abode.
The lawyer will aim for a cancellation of the maintenance paid to the ex. while I maintain the upkeep of my child (and adult now).

Pleasure

 

[ColinR]

Curious: Does this work the other way around for stay at home dads?

 

[blunomore]

Curious: Does this work the other way around for stay at home dads?

If the wife earns more than the husband, yes, the court is entitled to make a maintenance/spousal support order in his favour.

 

[adelp]

My youngest child has recently left home and I now pay him directly for his upkeep and Varsity bills.
The ex is now of course on her own and I have still kept up her portion of the maintenance order , but the costs for the upkeep of my child have increased considerably and I was hoping to shed the load of paying the ex maintenance.
She is also earning some income and living with the new man in her life, so I just feel that I should stop payments to her, or at least have the order changed to make her contribute to the child's upkeep.

What's the law on this, and how do you go about achieving my objectives legally?

As soon as posible? Unless you were cheating. then you can carry on for a few more years

 

[ColinR]

If the wife earns more than the husband, yes, the court is entitled to make a maintenance/spousal support order in his favour.

It's an interesting law. One can only hope all factors are included when deciding upon the ruling, and the subsequent changes. It sounds highly susceptible to abuse.

 

[Hoof-Hearted]

If the wife earns more than the husband, yes, the court is entitled to make a maintenance/spousal support order in his favour.

good luck with that ... anyone know if one of these applications has actually been successful in SA?

 

[blunomore]

As soon as posible? Unless you were cheating. then you can carry on for a few more years

I don't think the reason for the divorce is relevant when determining support payments.

Well, I am sure the ex-wife thinks it is, but that's not the law

 

[blunomore]

It's an interesting law. One can only hope all factors are included when deciding upon the ruling, and the subsequent changes. It sounds highly susceptible to abuse.

Why do you think that?

good luck with that ... anyone know if one of these applications has actually been successful in SA?

I would imagine it has, in a few cases.

 

[ColinR]

Why do you think that?

The recipient can claim they have no income. Simply never re-marry (but live together with new partner indefinitely) to retain alimony.