Quick answer: how maintenance enforcement works in South Africa If a person does not comply with a maintenance order, the recipient can approach the Maintenance Court for enforcement. Depending on the facts, the court may use remedies such as a warrant of execution, an emoluments attachment order, attachment of debts, or criminal non-compliance proceedings. Keep […]
Don’t ignore a maintenance order! When a couple divorces, a requirement to pay maintenance is often included in the divorce arrangement. This could be spousal maintenance, child maintenance, or both. While there is not always a court order involved, when one is in place it is legally binding. In maintenance disputes, a court order can […]
Reprinted from iol.co.za, by Sinenhlanhla Masilela – 2024-10-17 A Cape Town businessman who has been defaulting on maintenance for his three children has been ordered to pay the money or face 30 days in prison. The order was made by the Western Cape High court after he failed to follow a previous order compelling him to pay […]
We’ve written about child maintenance and about pensions in the context of divorce, but not as one topic. Generally, a pension fund is not a target for maintenance arrears, but this article from Legal Wise explains that in some circumstances a court may grant a warrant of execution for arrear maintenance to be paid from […]
A parent’s obligation to financially maintain their children does not stop once the child turns 18, but continues until the child is no longer financially dependent on the parent, the court remarked after a father claimed he no longer needed to pay maintenance towards his now over 18-year-old child. Reprinted from iol.co.za, by Zelda Venter […]
Reprinted from Moonstone – 2024-02-26 A woman sought orders from the High Court in Cape Town for her husband to be imprisoned and fined, claiming he was in contempt of court because he would not pay for their two children to attend a private school. The parties have been embroiled in what Acting Judge Mushahida […]
What you need to know about divorce and your finances If you’re contemplating or going through a divorce, your key concern is extracting yourself from a once-happy situation that has turned at best unproductive and at worst toxic. You want to enable a more life-affirming environment for yourself and your children, if you have them. […]
Johannesburg High Court rules that mother did not have to give notice before taking money for maintenance arrears Reprinted from GroundUp, by Tania Broughton – 2022-05-06 The Johannesburg High Court has ruled that a mother whose ex-husband owed maintenance payments for their children was entitled to take money from his pension without notice. Judge Tina […]
