A businessman who lives a luxurious lifestyle and drives five expensive vehicles, was dragged to the High Court in Pretoria after he missed payments on his children’s school fees, their maintenance and his ex-wife’s spousal maintenance.
The Pretoria man has two children with his ex-wife and adopted one who was born from his ex-wife’s previous relationship.
They divorced in September 2018 and entered into a settlement agreement.
The man agreed to pay his ex-wife R300,000 before July 31, 2018, for spousal maintenance.
He also had to buy her house to a maximum value of R2.6 million and pay the transfer costs of the property and also pay 50% for certain furniture and other household items.
It was also his duty to maintain her Mercedes-Benz.
Lastly, he also had to pay the children's school fees, monthly maintenance of R7,500 each child, and pay the au pair who is caring for the children.
Its unclear how many payments were effected, however, in November 2022, the ex-wife took him to court, claiming that he was R 225,542 in arrears in respect of child maintenance.
He allegedly owed her R110,375 in respect of spousal maintenance, and owed the au pair R2,250.
Furthermore, she said that the children had been suspended on three occasions due to his failure to pay school fees.
He also failed to purchase her a house as he was obliged to do, instead, he only signed an offer to purchase, but had not yet arranged for the transfer of the property to the ex-wife.
The wife said her ex-husband lived a luxurious lifestyle, he has a place in Silver Lakes Estate, drives five luxury vehicles and travelled extensively. He did not deny any of this.
In response, he denied being in arrears with maintenance, even though his attorneys had admitted that he was in arrears.
The husband admitted that he had not paid the spousal maintenance of R300,000, but said that he had paid a portion of R120,000.
Even though the agreement was signed in 2018, he only paid the portion in June 2023.
He submitted that since the agreement was made, he paid R1.4 million towards his ex-wife and other entities to her benefit.
Regarding the house, he only paid R995,000 towards the purchase price. He blamed the Covid-19 pandemic on having a negative impact on his business which also affects his obligations.
In respect of the household items that he had to purchase, he said that he had agreed with his ex-wife that she could take whatever items she wanted from the matrimonial home, and he would replace items as and when needed.
He argued that his business relied on tenders from the government and his financial status fluctuated, making it hard for him to fulfil all of his obligations.
Regarding the school fees, he admitted that “on limited occasions” he failed to pay the school fees on due date, but he said that he had settled the arrears when necessary, and that there was never a suggestion that their attendance at school was in jeopardy.
He added that he made an arrangement with the school that the fees would be paid at the end of each term. He denied receiving any demand for payment.
Judge Jan Jacobus Clute Swanepoel evaluated the husband’s evidence and found that some of his evidence was false.
“The respondent's version is littered with deception ... Respondent's allegation that he has an arrangement with the school is also false. Had there been such an arrangement, respondent could surely have provided proof thereof,” said the judge.
The judge said its been five years since the couple divorced and signed an agreement that he would buy his ex-wife a house, however, none of that has materialised and now the mother and her children face the prospect of being homeless.
The judge ordered the ex-husband to finalise the purchase of the house by January.
He was also ordered to pay all his outstanding maintenance and pay all school fees in advance.
He was also ordered to pay the costs of the application.
IOL