Is It Too Late To Claim The Arrear Maintenance Owing To Me?

In a recent decision by the Supreme Court of appeal, the issue as to whether or not arrear maintenance can prescribe (i.e. when d debt or other obligation is extinguished after a certain period of time) was addressed.

The court found that, unpaid maintenance of R3.5 million, which accrued over 25 years, remained due and payable and that maintenance in a divorce order does constitute a judgment debt as defined in the Prescription Act.

The importance in the distinction between judgment debt and any other debt is that judgment debt prescribes only after 30 years, whereas any other debt prescribes after 3 years.

Contact our professionals at 041 363 6044 or info@kaplans.co.za should you require assistance with the recovery of arrear maintenance.