How to claim child maintenance from non working ex

[Tylssa]

Hi

Can anyone help me with advice on how I can claim child maintenance from my ex husband who is not working?

The short version... We have been divorced for 10 years and he has paid maintenance for our 2 children (14 & 11) about 10 times, at the most. Every time I ask him for money he either ignores me or says he doesn't have as he is not working. ( He has been in and out of work for ages) I didn't want to go to court because I wanted to keep the peace but i'm now desperate. I've had look at a few website for legal advice but can't seem to find anything on my predicament.
Can I claim from how new wife if he can't pay?

Any advice will be greatly appreciated

Thnx

[Zjheneen]

Unfortunately you cannot claim CM (child maintenance) from your ex husband's new wife. The court as a rule applies this to the responsible party only (Father/Mother/Gaurdian).

Maintenance in our law depends on different kinds of variables, in this case the court could possibly rule that your ex husband is still able bodied and able to find suitable employment

I would suggest you contact a lawyer if possible or discuss with Legal Aid as the matter will need to be referred to Family Court in Pietermaritzburg for further assessment