Don’t think you can use Covid-19 as an excuse not to pay maintenance.
A recent court case confirmed that the National State of Disaster does not amend maintenance responsibilities.
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The case that was presented in court on May 19 saw Shani van Niekerk (senior associate and family law specialist at Adams & Adams Attorneys), together with Advocate Sybrandt Stadler (advocate of the Pretoria Bar) approaching the Pretoria High Court with an urgent contempt of court application to compel payment of maintenance, regardless of the National State of Disaster.
A man stopped paying maintenance to his ill ex-wife.
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Because she was unemployed due to her illness, she was granted life-long maintenance.
She could not make ends meet without the maintenance.
The man’s excuse was that as a result of lockdown his maintenance payments could not be made and would need to stand over until post lockdown.
Van Niekerk said the man was unable to provide any clear and convincing proof of his financial decline.
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He had also failed to take any steps to decrease his monthly expenses, despite most banks offering payment holidays and the government making funds available to business owners.
“The only conclusion drawn from his papers before court was that he was moving money between his accounts to create the impression his financial position was more dire than it actually was,” said van Niekerk.
Stadler, instructed by van Niekerk, argued that the most vulnerable in the society must now more than ever be protected against being exploited.
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“The court found in favour of the applicant and ordered the respondent to immediately recommence maintenance payments to the applicant.
“Although each matter should be approached on merit, parties should be very careful to not opportunistically abuse the current National State of Disaster to circumvent their maintenance responsibilities,” said van Niekerk.
“Although it was not argued in this particular matter this will be substantially more applicable in the case of minor children.”
Van Niekerk and Stadler added, “The stark reality of economic abuse has, disappointingly, been given a further ‘excuse’ in the current state of affairs.
“It would seem that recalcitrant compliers of maintenance payments are now most conveniently using the word ‘Covid-19’ as a blanket excuse to avoid paying maintenance.
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“The outcome of which leaves dependent women and children without the means to access basic necessities.
“The vulnerable become resultantly even more vulnerable.”
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