Since my DH divorced in 2002 & agreed to pay child maintenance for his 2 children, living with their mum in South Africa both his and his ex-wife's circumstances have changed dramatically.
My DH is now a UK resident, married (to me, natch!) and we now have 4 children together.
Ex wife is now working full time, living with another man and has re-married too.
My DH has a voluntary court order, dating back to 2002 stating that he should pay R6000 per month for both the children plus reasonable private school fees, plus yearly increase according to the consumer price index. Ex-wife's right to Spousal Maintenance was waived.
This was okay to begin with but has become increasingly difficult to meet with the arrival of each of our subsequent children. My DH, not wishing to short change his children in South Africa continued to pay, but we now find it increasingly difficult to meet the payments.
Ex-wife is not open to negotiation.
Where does my DH stand legally? Surely we don't have to go back to court in South Africa to resolve this issue? Is this something that we can resolve via a solicitor in the UK? My DH still wants to pay maintenance for his children in South Africa, but needs his new circumstances to be taken into consideration.
Can anyone out there help or at least point us in the right direction?
Thanks in advance,
Loosemo