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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33547
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Goodday, Can I garnish my x husbands pension with Aviva

Resolved Question:

Goodday,
Can I garnish my x husbands pension with Aviva for non payment of child support?
Please advise
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstWhen was the Order made?
Customer: replied 1 year ago.
Hi Clare,
When we got divorced around 12 years ago there was an order for him to pay monthly. He made a couple of payments and has never paid since. I have not been to get another order to enforce it. Its a complicated situation:
1. He has retinitus pigmentosa so his vision is extremely poor. to this extent he is unable to find employment or drive etc. I support him. He lives in a back room of my property, and has done so for around 5 years now as he pitched up destitute on my doorstep one day. He does the garden work here and I pay him a bit each week for his basics and I mostly feed him, if he needs medical care i help him etc.
2. He is british, with a valid, current passport, but he has lived here in SA illegally for 20 years plus. as he has no id/no status he cannot get a bank account, so he cannot even get his pension from the uk which is currently due to him as they will only pay into his account and he cant get an account.
3. I will most likely look after him until he dies.Regards
Angi
Customer: replied 1 year ago.
Clare, in future are you able to email me on my own email address which is***@******.***.Regards
Angi
Customer: replied 1 year ago.
Hi Clare, I got a mail saying you did not get my reply but here it is above as sent earlier....
Expert:  Clare replied 1 year ago.
Have you seen evidence of this pension?
Customer: replied 1 year ago.
Yes, I have seen the Aviva documentation on the pension which is held in the UK.
Customer: replied 1 year ago.
Please can you rather email me on***@******.***
Expert:  Clare replied 1 year ago.
Hi
is there any reason why he cannot sign for it to be paid into your bank account?
Customer: replied 1 year ago.
First the pension company will not pay it into any account except his own, and he does not have one and cannot get one. Second he would not want for me to have it.
Expert:  Clare replied 1 year ago.
Technically it is indeed possible to take out a Third Party Order on a pension.However because your Order was made in South Africa the process will not be an easy oneYou will need to use the Reciprocal Enforcement Of Maintenance Orders process - and the start is to attend your local Court and ask them to start the process.The matter is then dealt with by the Central bodies and eventually the Third Party Order will be applied forPlease ask if you need further details.Clare
Customer: replied 1 year ago.
So do I just show up at the local court and ask them to start a Reciprocal Enforcement Of Maintenance Orders process?Regards
Angi
Expert:  Clare replied 1 year ago.
The process appears to be set out here
http://www.legal-aid.co.za/selfhelp/?p=370
Customer: replied 1 year ago.
Thank you. Some questions on that:
1. So it does not matter that I have never before taken him to court or gotten any order on this matter? ie I only have the original order for maintenance, and that order would suffice? Or is my original order what is referred to as the "order of the court" and the "Provisional court order" is a different - another order I have to get now?
2. (The affidavit showing arears amount due) - it says (affidavit by complainant or an officer of the court). So meaning I could write the affidavit and have it certified at the police station and I would not need to get an officer of the court to do so?
3. (the third point), (copies fo the deposition affidavid or evidence of the complainant), can you please explain this one to me...
4. (the 7th point) (The exhibits referred to in the complainants deposition, affidavit or evidence duly endorsed as prescribed above, if any) - what does that mean in plain English please?
5. As he is staying on my property, illegally (as he has no status in SA), could this not end up with me getting arrested for harbouring an illegal, or some such thing? (sounds balmy I know, but its such a complicated situation)....Regards
Angi
Expert:  Clare replied 1 year ago.
Sadly this all relates to South African rather than Uk law so will have to be asked as a separate question I am afraid
Clare, Solicitor
Category: Law
Satisfied Customers: 33547
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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