Page 145 - The Circle of Life

Because the application is for interim maintenance (usually when you are

struggling financially) the fees allowed by the law for your lawyers is extremely
limited and probably less than a 120 dollars. This is to make it available to
someone in needy circumstances for the children needs to be fed etc. Money or

the lack of it should not stop you from asking for assistance. Thus if your lawyer

charges you more refer the matter immediately to the law society and fire him.
He is defrauding you as he is not allowed to charge more than what the act
prescribes and no contract between him and you can change that. Honestly most

won't act in such a way anyway.

It is a fast and unbiased application to the High Court and used every day. There
is seldom something new in law. Sh-t happened in ancient times too. You may

do this alone without a lawyer but I advise you to get one for it is serious and
not appealable. If you screw it up it stays screwed up. It cannot be changed

afterwards. Theoretically the payer may go back to court if his financial situation
drastically changed afterwards to reduce the amount but I never heard of it

actually happening.

The application itself is very simple and consists of only two affidavits which are
unique in law. Yours to explain what you want and how much (an income v

expenses statement) and his to reply on your allegations! I say again the law is
neutral. If you lied in your affidavit he will have a chance to show that to the

court with his own statement etc. Keep to the truth and keep it short. This is no
place for lengthy arguments and it is known that if the affidavits are too long the

court will dismiss the case.

However you must be prepared and that means an income / expenses statement

backed up by genuine receipts and reasons why you need what you say you do.

Even if the woman earns the same money as the man she can still use this
application to share the children's costs. Remember each parent has a
maintenance duty towards his child but this is not get rich quick scheme as

some think.

We had cases where the interim payment was so large that the divorce was
delayed and delayed to gain the maximum financial advantage. This is obviously

something which will count very heavily against you in actual divorce case later

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