Advice on Divorce

[sawystertrance]

Geez, if I end of having to pay maintenance for my brother's wife, he's going to be in a heap of trouble. Pain too.

[Hairy]

I just can not understand that this could be a law....the family of the chop not paying can certainly not be held liable for the actions of other adults.

 

That is like having a family member who went on a shoot out and died in the process ... now the police have arrested you and holding you liable ... even though you were in Vegas at the time attending the international cog convention for single speeders!

 

 

No. If it's finalised and recorded as I need to pay x per month and I don't, my direct fam can be made responsible by way of court order.

But I may be wrong. Consult lawyer ALWAYS in cases like this

 

 

This is a BS situation.

So if my Moron BIL doesn't pay they can come after us.

 

Not a chance in hell, I will fight this in court tooth and nail

[Skubarra]

I just can not understand that this could be a law....the family of the chop not paying can certainly not be held liable for the actions of other adults.

 

That is like having a family member who went on a shoot out and died in the process ... now the police have arrested you and holding you liable ... even though you were in Vegas at the time attending the international cog convention for single speeders!

 

Grandparents I can kind of understand - especially if they have the means to pay.

 

Siblings - I can't imagine it will be easy to enforce that one unless the brother/sister is a legal guardian of the child. I will certainly fight that in court if it happens to me

[Captain Fastbastard Mayhem]

Grandparents I can kind of understand - especially if they have the means to pay.

 

Siblings - I can't imagine it will be easy to enforce that one unless the brother/sister is a legal guardian of the child. I will certainly fight that in court if it happens to me

Which is why it's a final solution as it can be fought in court. I'd also fight it tooth and nail.

[Captain Fastbastard Mayhem]

Here we go. A quick Google away. Doesn't say anything about siblings, just legal guardians. Which, I suppose, if your will is up to date and your sibling is a guardian, may result in a sibling being responsible.

 

Key word: maintenance order. Which is open to negotiation in the divorce proceedings. So if a maintenance order isn't settled, no problem.

 

[Captain Fastbastard Mayhem]

And further...

 

[Captain Fastbastard Mayhem]

Again, doesn't say anything about siblings.

[Amberdrake]

So i'm doing paperwork tons of it. At the same time as much as I would like to end things amicably the constant barrage of msg's blaming me for things never said or done is really wearing on me. Yesterday I actually managed to get angry for first time since I left, because of what she said. 

 

With all of this I am still trying to be nice so one smiles and calms down and continues right? 

 

One thing I am thankful for right now is that I don't drink cause that would have ended horribly.

[sawystertrance]

I note also with a great sense of relief that it also relates specifically to children and not spouses.

 

Steven Knoetze, did your fiance's ex act on that advice? If so, what happened?

Edited January 30, 2019 by sawystertrance

[HDW]

 Take note that your ex can now claim money's from your immediate family if she so chooses. If you can't pay that is.

 

WT actual F

[HDW]

So i'm doing paperwork tons of it. At the same time as much as I would like to end things amicably the constant barrage of msg's blaming me for things never said or done is really wearing on me. Yesterday I actually managed to get angry for first time since I left, because of what she said. 

 

With all of this I am still trying to be nice so one smiles and calms down and continues right? 

 

One thing I am thankful for right now is that I don't drink cause that would have ended horribly.

I'd say be fair and act in a manner that gets the best results for all parties concerned, but don't take any sh!t. What gets decided and put in writing can probably haunt you for a long time - settle it now, don't let things pass just because you want to be nice.

[Mousea]

Here we go. A quick Google away. Doesn't say anything about siblings, just legal guardians. Which, I suppose, if your will is up to date and your sibling is a guardian, may result in a sibling being responsible.

 

Key word: maintenance order. Which is open to negotiation in the divorce proceedings. So if a maintenance order isn't settled, no problem.

 

This is also BS.

I have a reprobate BIL who has more than one kid out there.

Now his parents can be liable if he doesn't pay.

BS he must learn to keep it in his pants .

I would also fight this in court on my in-laws behalf.

How the F can they be liable for him being a male "Slut"

[Thor Buttox]

This is also BS.

I have a reprobate BIL who has more than one kid out there.

Now his parents can be liable if he doesn't pay.

BS he must learn to keep it in his pants .

I would also fight this in court on my in-laws behalf.

How the F can they be liable for him being a male "Slut"

The exactly the same way the grandparents of millions of young unwed mothers have been encumbered with their daughters' half of the 'sluttage' over millennia.

 

I wonder how many of us perfect Hub-men go about our daily whims with a memory of a 'I am late' story that caused a shiver or two??

Edited January 30, 2019 by Thor Buttox

[Steven Knoetze (sk27)]

I note also with a great sense of relief that it also relates specifically to children and not spouses.

 

Steven Knoetze, did your fiance's ex act on that advice? If so, what happened?

 

Its the other way around, it's my fiancee who can act on it. 

 

She hasn't, but only because she is receiving the maintenance from her ex's mom at the moment. How long this will be sustainable is up in the air as his mom is a pensioner.

 

I have read the guardian sibling posted and honestly I do not know about that. All I know is what we have been advised and that is that she can also claim from his sister if needs be and she is not the legal guardian.

 

I think at the end of the day it is about the kid/s and I believe the court will take everything into account but ultimately making sure that the kid/s are looked after.

[sawystertrance]

Its the other way around, it's my fiancee who can act on it. 

 

She hasn't, but only because she is receiving the maintenance from her ex's mom at the moment. How long this will be sustainable is up in the air as his mom is a pensioner.

 

I have read the guardian sibling posted and honestly I do not know about that. All I know is what we have been advised and that is that she can also claim from his sister if needs be and she is not the legal guardian.

 

I think at the end of the day it is about the kid/s and I believe the court will take everything into account but ultimately making sure that the kid/s are looked after.

True but it makes no sense for an adult to be responsible for a sibling's behaviour just because of birth status. What if it imperils the financial status of the person held responsible? Why are the children's interests more important than the sibling's interests? Neither brought about the situation.

 

As someone has posted, what if this were carried over to criminal situations?

 

Say my brother murders someone. Can I then be liable for support of his dependents? Seems very harsh.

[Hairy]

Ok, so my "logical mind" is thinking along these lines.

 

If the father / or mother is responsible for say R10 in child maintenance per month and does not pay the bills, and the courts go to the siblings to "claim" the maintenance then should it not be that both the parents siblings then need to chip in and share the cost of the broken marriage with R5 each .... why should an innocent sibling take the full brunt from some chop who does not keep to it's responsibilities.

 

I say the above as a person who's parents were divorced, and had/s a father who most certainly made no attempt at maintenance, so I have clear understanding on how it effects the kids financially.    

 

 

Its the other way around, it's my fiancee who can act on it. 

 

She hasn't, but only because she is receiving the maintenance from her ex's mom at the moment. How long this will be sustainable is up in the air as his mom is a pensioner.

 

I have read the guardian sibling posted and honestly I do not know about that. All I know is what we have been advised and that is that she can also claim from his sister if needs be and she is not the legal guardian.

 

I think at the end of the day it is about the kid/s and I believe the court will take everything into account but ultimately making sure that the kid/s are looked after.