Legal Questions and Answers South Africa Advocate Muhammad Abduroaf
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[embed]https://youtu.be/6OFqAsq8HUE[/embed] Questions posed when registering on www.ourlawyer.co.za/live Question 1: GautengWhat is the procedure to dispute child maintenance because I am not happy with the maintenance officer’s ruling I want to take the matter back to court for formal enquiry in front of the magistrate?
I have 3 minor kids aged 118 & 6. I have a bond paying 6000 – the officer said I can’t claim for accommodation which I was not happy with because we are not staying for free. Grocery of R3200 electricity R900 municipal water rates and taxes R1200. Domestic Worker 2500 school fees R3030 school transport R1800 medical aid 3060 uniform clothes twice a year. Stationery. House maintenance household expenditure. I want to dispute the order because the officer was baised. The officer told me that I can’t claim for accommodation because its my bond so it’s my problem. The officer said the domestic Worker work at my house. Worst part none of our documents were scrutinised. I felt so frustrated angry and helpless. The officer decided that the father will pay for school fees school transport stationery school uniform and clothes twice a year. I am still doing more and I am earning way less that the father. Atleast is the matter can be taken back for formal enquiry so that they can look at our income expenses and then child’s need. The office took out lots of things from my claim. Accommodation electricity water and rates grocery domestic Worker medical aid and all other expenses household and house maintenance are on me. I want court to re look at this. Please advise me frustrated mother. Question 2: Gauteng My maintenance file spans from December 2010 when I opened a case against my ex-husband at the Randburg Magistrates Court. It is a long involved saga. We tried subeponas a couple of garnishees section 31 section 10 an attachment orderand still he just avoids pays what he feels like if he feels like moves jobs works as a consultant tries to hide his businesses and who he is working with and for. The case started in Randburg then transfered to Pietermaritzburg when we moved there and now is back at the Randburg Courts. I have finally managed to trace his details but feel so despondent because it feels like we are going to just continue in the fight and it will be fruitless. I have 3 children who have suffered through this and I am needing to ask if there is any hope. He is a smooth talker and manages to smooth talk his way through court proceedings even when he doesnt bring his financials. I suspect too that his life partner is also behind hiding financials as she is a financial accountant and has been on scene since the beginning. Not sure where to turn to or how to begin again. Question 3: Gauteng Am i entitled to claim back maintenance? Question 4: KwaZulu-Natal I do not require legal advice. I want to attend the session as I intend to proceed with pupillage in the near future and this is one of the facets that I have a keen interest in. I would like the opportunity to attend this session to gain more knowledge on the topic and to understand how to handle problems of this nature. Question 5: Gauteng I have twin girls turning 15 this Month. their Father had been paying R2500 maintenance for the last 3 years and 1 school fees and helps with School clothes for 1 child – he is supposed to buy them clothing for when he has them for holidays which hasn’t been done over 2 years – I barely can afford to buy them clothing and this holiday I am sending them to him with no much clothing so he is forced to buy for them while they there. He was supposed to get the girls a medical aid which never happened. They have it now because my Job gave that to me as a perk (which I am very grateful for) . My Salary without his maintenance after debt and deductions is only +/- R5000 which I have to buy food/electricity/fuel for my car/pay School Fees. I have asked him to increase it and I am not asking for a ridiculous amount of money but he hasn’t budged. The girls have needs and I feel he needs to play a bigger financial roll then he is. He is married with 2 other children. Beginning of this year he started working overseas. He comes back for 3 Months and goes back. I want to know if he isn’t in the country could his wife be summoned to court on behalf of him? Thank you. Question 6: Gauteng I have a maintenance case we attend our first date than he said I need DNA to make sure that the kids yours DNA date was on 26 of October 2021 I go to court when I drive I found this guy send doctor letter he said I tested positive for COVID 19 but he come to sign our ob book Maintenance court is gonna help me
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How do I find the Top Five (5) Law Firms in Cape Town for you?
There are many searches going around seeking the Top Five (5) Law Firms in Cape Town. It is not an easy question to answer. That is so as the law is very diverse, and the question is not very specific. Furthermore, the answer would be very subjective. For example, the top five law firms in Family Law, may not be the same top five law firms in Property Law. The same applies to that of criminal law. Furthermore, it would be hard to find out information from one law firm as to how well they are doing for their clients in camparison to other law firms. Therefore, we suggest you find a law firm that speaks to your specific needs and circumstances. Here are some tips:- Define Your Needs: Identify the specific legal services you require (e.g., family law, criminal defence, corporate law).
- Research Online: Use legal directories;
- Check Reviews and Ratings: Look for client reviews and ratings to gauge the firm’s reputation and client satisfaction.
- Ask for Recommendations: Reach out to friends, family, or colleagues who may have had similar legal needs for personal recommendations.
- Evaluate Experience: Consider the firm’s experience in your specific legal issue, including years in practice and case outcomes.
- Schedule Consultations: Many firms offer free or less expensive consultations. Use this opportunity to meet attorneys, discuss your case, and assess their communication style.
- Assess Costs: Inquire about fees and billing practices. Understand whether they charge hourly rates, flat fees, or contingency fees.
- Trust Your Instincts: Choose a firm that you feel comfortable with and confident in their ability to handle your case.
- Verify Credentials: Check the attorneys’ qualifications and any disciplinary history.
- Consider Location: Proximity can be important for ease of communication and meetings.
Taking the time to research and evaluate different firms will help you find the right fit for your legal needs.
Posted on by Telelaw