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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34106
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My daughter lives abroad with her mum. I have always paid child

Resolved Question:

My daughter lives abroad with her mum. I have always paid child maintenance. In Dec 2008 I was made redundant and it took me the best part 2009 just to find steady work and even that paid way below what I was earning before. Obviously, this affected the amount and the consistency of child maintenance payments and there was a period in 2011 where I sent no money until she allowed me to have contact with my daughter again. Since then, everything has been back to normal. Last Friday I received a Notice of Proceedings. From the documents enclosed I can clearly see that this was filed 4 years ago! My ex has confirmed this and says she forgot about it since everything went back to normal.
Do I have to go to court or is there another way?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What is she actually applying for and when is the hearing?
Clare
Customer: replied 2 years ago.

Hi Clare,

The application was made 4 years ago for regular payments. These were relative to 2011. The claim though is no longer relevant, as I have been paying for the last 4 years. it's just taken 4 years for it to be processed. I have to appear in court on the 10th June 2015.

Expert:  Clare replied 2 years ago.
Hi
For clarity - did she issue it here in the Uk - or in the country in which she lives?
Clare
Customer: replied 2 years ago.

Hi Clare,

She filed the Application for Maintenance Order in South Africa on 24-06-2011. Enclosed with the Notice of Proceedings I received in the post are copies of these documents, confirming this. I have to appear at West London Family Court.

Expert:  Clare replied 2 years ago.
Hi
hHw much are the arrears that are being claimed?
Clare
Customer: replied 2 years ago.

The claim was for R3500 per month which she back dated to Jan 2011 going forward indefinitely.

Expert:  Clare replied 2 years ago.
Hi
How much were the actual arrears?
Clare
Customer: replied 2 years ago.

R3500 x 6.

Just to be clear, she is not still expecting this money. As far as we are concerned, there are no arrears. Due to the fact that she hadn't heard a thing regarding her claim, she assumed it would never materialise and forgot about it.

Given that it's taken 4 years to get to my mailbox, even if she went to cancel the whole thing, it is extremely unlikely it would get to West London Family Court in time.

Which brings me to my original question, can I provide this information and all proof to the relevant department and avoid going through the whole process and possible expense of court or do I have to go to court?

Expert:  Clare replied 2 years ago.
Hi
It has taken so long because it has had to work its way through the Reciprocal Enforcement process which is very lengthy.
Your ex can email the court directly to confirm that the matter has been dealt with and on the basis of that you can ask for an Adjournment to allow a Consent Order to be agreed and sent to the South African Court to dismiss the arrears and your ex can withdraw the applictaion
I hope that this is of assistance
Please ask if you need further details
Clare
Customer: replied 2 years ago.

Final clarification: How do I ask for an Adjournment, do I have to go to court on the 10th June?

Expert:  Clare replied 2 years ago.
Hi
If your ex sends you a copy of her email to the court then you can request the adjournment in writing on the basis that the matter is in fact resolved
Clare
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