Maintenance Court in South Africa: What Parents Need to Know
How maintenance court works in South Africa: who may apply, documents to bring, enforcement, and when to get legal help.
Maintenance Enforcement in South Africa
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 […]
Court orders Cape Town businessman to pay R60,000 child support or spend his weekends behind bars
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 […]
Not paying maintenance? Your pension fund may be targeted.
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 […]
Father risks jail time for failing to pay maintenance
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 […]
Wife seeks over R100,000 maintenance from husband who cheated with her best friend
Reprinted from iol.co.za, by Sinenhlanhla Masilela – 2024-07-18 A Durban woman who left her marriage after realising that her husband was having an affair with her best friend told the high court that she wants over R100,000 maintenance and R171,000 for new furniture. The wife brought Rule 43 application in the Durban High Court seeking interim maintenance […]
Forensic accountants and divorce
When and why are forensic accountants useful in a divorce case? At SD Law, we strongly advocate for peaceful divorce with minimal acrimony. We advise clients – and help them – to avoid litigation wherever possible. The less traumatic the divorce process, the easier it is to build a new life after the marriage has […]
Maintenance arrears bill of R2m for father
Father who has not paid maintenance for more than 28 years faces bill in arrears of R2m Reprinted from iol.com, by Zelda Venter – 2023-05-15 Pretoria – Defaulting on maintenance will have a costly effect on a father who has not paid any maintenance in the more than 28 years since the divorce for the […]