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Non Compliance with Court Order Divorce

All parents ought to see to their children’s needs whether married or unmarried. The court however, need not intervene when parents have informally agreed to see to the maintenance of the child. Most times however, divorced parents do not see eye to eye and seek the court’s intervention for child support. [caption id="attachment_4485" align="alignleft" width="300"] Call our law offices on: 0211110090
Email: [email protected][/caption] Our law offices boast a well experienced family legal expert who can offer you quality legal advice in child maintenance, child custody and divorce legal matters. During our years of experience, we’ve found that parties usually resort to a maintenance order when they don’t see eye to eye. A maintenance order is a direct legal instruction for the parent to pay child support – failure in doing so is a serious offense. For free professional, legal expert advice on non-compliance with maintenance orders, click on our child maintenance articles below: [caption id="attachment_4499" align="alignleft" width="300"] Call our law offices on: 0211110090
Email: [email protected][/caption]           Our law offices are situated in the heart of the buzzing CBD at Suit 702, 7th floor, The Pinnacle, corner of Strand and Burg Street, Cape Town. Feel free to call our offices and have our friendly receptionist make an online appointment for you for a professional legal consultation today.

Breach of Court Order

It is not uncommon to find that a parent fails to pay maintenance irrespective of the court order that was granted. When this happens, the following must be done:
  • A formal complaint must be laid at your closest maintenance office
  • The maintenance office will hold a record of a series of payments that’s been made previously and this record will automatically reflect a lapse payment as well.
  • If the parent happens to be employed and still refuse to pay maintenance, the court may enforce an order to get the maintenance from the work directly.
  • When a court order is in place and the other party refuses to pay regardless, the court will call them in. On this day, the court will hear them out as to why they have disobeyed the maintenance order and it will be expected for the other parent to pay all maintenance owed. Failure to comply with the maintenance order means that they will go to jail.
[caption id="attachment_4486" align="alignleft" width="300"] Call our law offices on: 0211110090
Email: [email protected][/caption] For more information on non-compliance with a maintenance order, speak to your family law legal expert today and call our offices for an online appointment today.

Maintenance Arrears Enforcement

Are you in arrears with maintenance and fear the legal consequence of this? [caption id="attachment_4488" align="alignleft" width="300"] Call our law offices on: 0211110090
Email: [email protected][/caption] It is time you speak to your family legal expert and have some direction with the way forward. The court take a lot into consideration before passing judgment as to how much maintenance should be paid. Call our law offices on 021 424 3487 and have an online appointment made for you for a professional legal consultation today. Should you be residing out of Cape Town, then feel free to call our national number on 087 701 1124 today. Connect with us!
Posted on by Telelaw

I want to create a family trust. What are the requirements?

In South Africa, a trust is a legal arrangement that allows for the separation of ownership and control of assets. The trust is created by a founder who transfers assets to a trustee, who then manages and administers those assets for the benefit of one or more beneficiaries. The trust deed is the legal document that outlines the terms and conditions of the trust. Here are key elements and steps involved in how a trust works in South Africa:
  1. Formation: A trust is formed when a trust deed is drafted and signed by the founder and the trustee. The trust deed specifies the purpose of the trust, the beneficiaries, and the powers and duties of the trustee.
  2. Trustee: The trustee is a crucial figure in a trust arrangement. They are responsible for managing and administering the trust assets in accordance with the trust deed and for the benefit of the beneficiaries. Trustees have a fiduciary duty to act in the best interests of the beneficiaries.
  3. Beneficiaries: These are individuals or entities that stand to benefit from the trust. The trust deed will outline the rights and entitlements of the beneficiaries. It can be a fixed list of individuals or a class of persons, such as family members or charitable organizations.
  4. Assets: The founder transfers assets into the trust, effectively removing them from personal ownership. These assets can include property, investments, cash, or any other form of property.
  5. Administration: The trustee is responsible for managing the trust assets, investing them wisely, and distributing income or capital to the beneficiaries according to the terms of the trust deed.
  6. Duration: Trusts can be either inter vivos (created during the founder’s lifetime) or testamentary (created through a will and activated upon the founder’s death). They can also be discretionary, where the trustee has discretion in making distributions, or fixed, where the benefits are predetermined.
  7. Registration: The Master of the High Court is involved in the registration of a Trust, and certain information is submitted for record-keeping purposes.
  8. Taxation: Trusts in South Africa are subject to taxation. The Income Tax Act provides specific rules for the taxation of trusts, and it’s essential to comply with these regulations.
It’s crucial to seek professional legal and financial advice when setting up a trust in South Africa to ensure compliance with the relevant laws and to achieve the intended goals of the trust arrangement. Laws and regulations may evolve, so staying informed about any changes is essential.

Posted on by Telelaw

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