Struggling to pay maintenance due to Covid-19 ? Still pay SOMETHING says lawyer
Parents whose financial circumstances may have been negatively impacted by Covid-19 are being urged not to abandon their maintenance payments altogether.
Shando Theron of Theron and Theron Attorneys says many of his clients have been hit hard by the impact of the pandemic and for now are unable to pay the amount previously agreed on.
Theron tells The Midday Report's Clement Manyathela that Section 15 of the Maintenance Act states that maintenance is a means test:
It is a case of how much is there to go around? If you have changed circumstances, and certainly Covid-19 is changed circumstances, which negatively affect your earning capacity or how much money you make then there is definitely a case to pay reduced maintenance.Shando Theron, Head of the Matrimonial Law Department - Theron and Theron Attorneys
It's not just fathers who are struggling, It's mothers and fathers who are struggling, everybody is struggling.Shando Theron, Head of the Matrimonial Law Department - Theron and Theron Attorneys
So what advice does Theron have for parents struggling to make their maintenance payments?
Put your pride away and contact the other party...and say listen, I'm really struggling, this is my current situation, this month you'll be receiving a reduced amount.Shando Theron, Head of the Matrimonial Law Department - Theron and Theron Attorneys
Theron says, even a small payment is better than no payment at all:
I say to my clients, never pay nothing. Pay something.Shando Theron, Head of the Matrimonial Law Department - Theron and Theron Attorneys
Click below to listen to the full interview with lawyer Shando Theron
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