Failure to comply with a maintenance order

First of all, what is a maintenance order? A maintenance order is a direct instruction from the court to the parent, to pay child maintenance/child support. [caption id="attachment_4530" align="alignleft" width="300"] Call our law offices on: 0211110090
Email us at: [email protected][/caption] Maintenance defaulters very seriously and therefore, failure to comply with the order is classified as a criminal charge. This implies that the order is legally enforceable – in other words, the court can, and will intervene. The defaulting parent can therefore lay a criminal charge at the court after they have applied for a maintenance order at the Magistrates Court.

Maintenance Court Procedure

Every local area will have its own magistrate’s court which is also a maintenance court that deal with maintenance legal matters. You may visit your closest magistrate’s court in which the maintenance officer will advise you as to what to bring along. [caption id="attachment_4532" align="alignleft" width="300"] Call our law offices on: 0211110090
Email us at: [email protected][/caption] When trying to claim for maintenance or apply for an order, you will need to bring along:
  • Your identity document
  • Your child’s birth certificate
  • A payslip to show what you earn
  • Bills and receipts that could be of help
  • The name of the other parent, place of work, and other relevant details
  • A recent photograph of the other parent, if you have one.
Our Lawyer Pty Ltd are professional legal experts in family law who have dealt with a number of maintenance legal matters. What is it that sets us aside from the rest? [caption id="attachment_4533" align="alignleft" width="300"] Call our law offices on: 0211110090
Email us at: [email protected][/caption] First of all, you will avoid the long wait of gaining expert legal advice as opposed to the magistrates court. Once you call our offices for an online appointment, you will have an immediate set date for your professional legal consultation. Our law offices are set in a central, safe setting at Suit 702, 7th Floor, The Pinnacle, on the corner of Strand and Burg Street in the CBD. Our offices are neat and comfortable in which you can enjoy free Wi-Fi and confidential consultations. Call our offices today to make an appointment with us today.

Failure to comply with maintenance order

Have your spouse failed to pay child support? It is time you consider your family legal expert to help you execute the legal steps you entitled to take – dealt with child maintenance defaulters over many years and therefore, took out the time to comply original, expert legal advice article for your convenience. [caption id="attachment_4534" align="alignleft" width="300"] Call our law offices on: 0211110090
Email us at: [email protected][/caption] For free legal advice articles, click on the following links below. These article are thoroughly composed by a family legal expert: Make an online appointment with us today and call our offices on 021 424 34 87 or call our national number on 087 701 124.    
Posted on by Telelaw

Failure to comply with a maintenance order

First of all, what is a maintenance order?

A maintenance order is a direct instruction from the court to the parent, to pay child maintenance/child support.

Call our law offices on: 0211110090
Email us at: [email protected]

Maintenance defaulters very seriously and therefore, failure to comply with the order is classified as a criminal charge. This implies that the order is legally enforceable – in other words, the court can, and will intervene. The defaulting parent can therefore lay a criminal charge at the court after they have applied for a maintenance order at the Magistrates Court.

Maintenance Court Procedure

Every local area will have its own magistrate’s court which is also a maintenance court that deal with maintenance legal matters. You may visit your closest magistrate’s court in which the maintenance officer will advise you as to what to bring along.

Call our law offices on: 0211110090
Email us at: [email protected]

When trying to claim for maintenance or apply for an order, you will need to bring along:

  • Your identity document
  • Your child’s birth certificate
  • A payslip to show what you earn
  • Bills and receipts that could be of help
  • The name of the other parent, place of work, and other relevant details
  • A recent photograph of the other parent, if you have one.

Our Lawyer Pty Ltd are professional legal experts in family law who have dealt with a number of maintenance legal matters. What is it that sets us aside from the rest?

Call our law offices on: 0211110090
Email us at: [email protected]

First of all, you will avoid the long wait of gaining expert legal advice as opposed to the magistrates court. Once you call our offices for an online appointment, you will have an immediate set date for your professional legal consultation.

Our law offices are set in a central, safe setting at Suit 702, 7th Floor, The Pinnacle, on the corner of Strand and Burg Street in the CBD. Our offices are neat and comfortable in which you can enjoy free Wi-Fi and confidential consultations. Call our offices today to make an appointment with us today.

Failure to comply with maintenance order

Have your spouse failed to pay child support?

It is time you consider your family legal expert to help you execute the legal steps you entitled to take – dealt with child maintenance defaulters over many years and therefore, took out the time to comply original, expert legal advice article for your convenience.

Call our law offices on: 0211110090
Email us at: [email protected]

For free legal advice articles, click on the following links below. These article are thoroughly composed by a family legal expert:

Make an online appointment with us today and call our offices on 021 424 34 87 or call our national number on 087 701 124.

 

 

Related Post

Are you intending on taking someone to court? Have you been sued? Do you require some basic advice on litigation from an experienced advocate? If you answered yes once, this article is for you.

Picture outside the Western Cape High Court in Cape Town [caption id="attachment_8243" align="alignleft" width="412"]Advocate Muhammad Abduroaf Advocate Muhammad Abduroaf outside the Western Cape High Court[/caption] We asked Advocate Muhammad Abduroaf to provide our readers with some simple and basic information on how to conduct themselves in court litigation. He holds a decade and a half of litigation experience. Who better to ask than him? Learn more about Advocate Muhammad Abduroaf by reading the article, ADVOCATE OF THE HIGH COURT OF SOUTH AFRICA. Advocate Muhammad Abduroaf: I appeared in court countless amount of times for clients I represented. Furthermore, I drafted thousands of legal documents for them. This I did for litigants as they obviously do not have the necessary skills and experience to do it themselves. Often when a client meets with me, he or she will say this is the first time they have been introduced or embroiled in a legal matter. They are initially a bit anxious and do not know what to expect. Luckily for them, they are legally represented. Litigants are advised on what to expect as their case unfolds. They are informed of the processes that need to be followed and what they have to do in order to provide evidence to the court. As you would see later, this could either be in the form of an affidavit, or orally in Court. Notwithstanding the above, it is always useful to follow some basic guidelines when dealing with a court matter. This is what this article intends to demonstrate. It would be especially useful for someone who is representing themselves in court. In other words, acting in person. Although we advise you to make use of legal representation (advocate or attorney) when engaging in litigation, this article is for those who wish to handle their case on their own.

Who are the parties in a court case?

In civil legal matters, there are usually two opposite sides. Often there will be a Plaintiff and a Defendant. This is called action proceedings. In other cases, you will find an Applicant and a Respondent. This is called Application proceedings. The difference is explained next.

Action Proceedings: Commences with a Summons and Particulars of Claim

Western Cape High Court - Cape Town In action proceedings, there is a Plaintiff and a Defendant. Ultimately the parties will appear in Court to give evidence. In other words, they will step into the witness box and give evidence and answer questions about the specific case. The witness will be examined by his or her attorney or advocate. This is called examination in chief. Then he or she would be examined by the lawyer for the other side. This is called cross-examination. Then there is re-examination. The Plaintiff is the one who institutes the action or starts the case against the Defendant. And of course, the Defendant is the one who is taken to court by the Plaintiff.

Application Proceedings: Commences with a Notice of Motion and Founding Affidavit

In Application Proceedings, the parties to the dispute do not give evidence in the witness box. They provide their evidence in the form of a sworn statement or affidavit. It would start with a Notice of Motion. Basically, in the Notice of Motion, you will state exactly what you want from the court. The Applicant would then outline his or her case in the Founding Affidavit, and the Respondent would do so in his or her answering or opposing affidavit. The Applicant would then get a chance to reply to the opposing affidavit if he or she so wishes. The dispute is therefore resolved on affidavits. There is, therefore, no examination of witnesses. The Applicant is the one who starts the legal process and the Respondent is the other party. This article does not go into detail as to when Application proceedings or action proceedings are appropriate. However, if there is a serious dispute of fact at the outset, then action proceedings would be warranted. Now that we have identified who the parties are, let us provide you with some insight as to what the parties should observe when litigating.

Point 1: Do you have a case?

Whether or not you are instituting legal proceedings or defending it, it is always important to first determine whether or not you have a case. This might sound obvious, but many people litigate solely on emotion and not on fact. This point applies to whether you are instituting proceedings or whether you are defending it. If you are instituting proceedings and you do not have a case, you would not only be wasting your time and money, you would also have to pay the other side’s legal bill if so ordered. The same principle applies when opposing a case.

Point 2: Try to settle the court case early

Even if you have a strong case, it is always wise to attempt to settle it earlier than later. This is before an enormous amount of time and money is used. Many times, sitting face to face with the opposing party can resolve a dispute which could have cost the parties dearly. If sitting face to face is not possible, then try to send a written settlement proposal. This would give the other side something to work with. If they send a counter settlement proposal you are happy with, then take it and move on with your life.

Point 3: Obtain professional legal advice

This point could have been mentioned earlier, however, it applies to every step of the case. Although you are handling your own case, it is important that at each step of the way, you are legally informed. What better advantage will you have if you receive advice from someone who has years of legal experience in the field of law you are dealing with? As your case unfolds or evolves, having an experienced person advise you on your next move would be invaluable. This can save you a lot of time and money in the long run.

Point4: Stick to timelines and court rules

The court has rules and timelines. Therefore, know them and follow them pedantically. The last thing you want is for default judgment to be granted against you. Even worse, have your matter struck from the Court roll and pay the other party’s legal costs. The court rules are there for a reason. Other than timelines, ensure that your court file is in order, indexed and paginated and presentable for the court. This applies to both action and application proceedings.

Point 5: Simplify your case

The adjudicator of your matter is a judge. Although he or she is very learned and wise, he or she does not know the ins and out of your business or issue. It is therefore important that you follow basic principles of simplicity and logic when presenting a case. This could either be when drafting your particulars of claim, or your Notice of Motion. When presenting your case in action proceedings, ask a simple and concise question which would help the court to follow where you are going to. Ask one question at a time. Often lawyers ask two or three questions in a single “question”. For example, the lawyer would ask a witness, “what time did you meet the defendant, and what colour was his jacket and did he sound angry?”. We are certain that you found the above article useful and interesting. Please consider sharing it on the share buttons below. They include Facebook, Twitter, LinkedIn, WhatsApp, Gmail and more. Someone may find it useful as well. Should you require business advice or services, feel free to click on these links: Business SA | Private Legal | Envirolaws      
Posted on by Telelaw

Our Legal Question of the day: I am in an abusive relationship. Is there help out there?

[caption id="attachment_6386" align="alignleft" width="300"]Set up a Consultation with us. Set up a Consultation with us.[/caption] No one deserves to be in an abusive and controlling relationship or be a victim of abuse. The causes and symptoms of abusive and controlling, romantic relationships vary. However, the unfortunate reality is that many decent people are trapped in one. And what is sad, is that they do not know how to get out of the toxic relationship, or to make it stop. There are many reasons why people remain in an abusive and controlling relationship. Some depend on the abuser for financial support, and others believe that they cannot or won’t get better should they leave their abuser.  The even more bitter scenario is when you remain in the abusive relationship for the sake of the children.
We are conveniently located in the Pinnacle Building, in the Cape Town CBD. Click here to call us on (021) 4243487 or send us an email.

 Family Abuse

Then there are other types of abusive relationships. They comprise of a parent abusing his or her child, or a brother abusing the sister. Even neglecting a child is abuse. This can happen when parents deprive their children economically, of decent clothing, food and shelter. The list goes on. The law terms the above type of abusive relationships under the banner of Domestic Violence. At the same time, the law affords victims of domestic violence help. The applicable legislation is the Domestic Violence Act, 116 of 1998.

What is a Domestic Relationship?

As you would see below, domestic violence is any controlling or abusive behaviour inflicted to someone in a domestic relationship. Therefore, in short, according to the Act, a domestic relationship is between family members, people living together, or people who were in a romantic relationship. You do not have to be married to someone to seek help from the law. An adopted child can also seek protection from the Domestic Violence Act. This makes it very convenient as most domestic relationships are covered by the Domestic Violence Act.

 Therefore, what is domestic Violence?

The Domestic Violence Act defines it as follows:
  • Physical abuse;
  • Sexual abuse;
  • Emotional, verbal and psychological abuse;
  • Economic abuse;
  • Intimidation;
  • Harassment;
  • Stalking;
  • Damage to property;
  • entry into the complainant’s residence without consent, where the parties do not share the same residence; or
  • Any other controlling or abusive behavior towards a Complainant.
Now, as you can see, the ambit of domestic violence is quite broad. It should cover most situations.

How to stop the abusive behavior?

Now we deal with the crux of our question and answer segment on Domestic Violence. How can you make it stop? If you are a victim of domestic violence, and you want protection, you should visit your local Domestic Violence Court and obtain a Protection Order. For an outline on how to apply, visit this article named ABC guide on how to obtain a Protection Order. Even though you are seeking protection from the law, you can still maintain a relationship with the person, but he or she would be interdicted from committing any acts of domestic violence against you.  If he or she again commits an act of domestic violence, after you obtained an interim, or final Protection order, the law would ensure that he or she gets punished.

Final words to victims of Abuse

If you are a victim of abuse, remember the law is there to protect and help you. Unfortunately, the law cannot change people’s personalities. It further cannot make someone love you or care for you the way they should, or you want them to. However, if you have no option but to remain in a relationship, with your spouse, lover, or other significant person, seek protection. Most times, that is the best you can do for yourself and those close to you.

Sharing is Caring

[caption id="attachment_6387" align="alignleft" width="300"]Business Legal Advice - Cape Town Contact us today[/caption] This and other articles and posts found on this website are written by Adv. Muhammad Abduroaf to assist people with various family law related issues they may have. If you find any of our articles, free resources and posts interesting, or possibly useful to others, please like and share it on Social Media by clicking on the icons below. For more interesting articles and information on Family Law, view our articles and Q&A page. If you have a family law related legal issue and you want someone to answer or reply to it, feel free to post it on our Family Law Blog. Therefore, kindly like and share. Should you require any other legal services and advice, not related to family law, visit Private Legal.  
Posted on by Telelaw

Child Maintenance and Support

https://www.ourlawyer.co.za/wp-content/uploads/Our-Lawyer-Consultation.gifEvery Child is entitled to have adequate child maintenance from his parents. This includes the provision of food, clothing, shelter, education and healthcare. These provisions are to be provided by both his or her mother and father. If one parent cannot afford any support, then other the parent would be responsible for the time being. However, support can still be claimed from the child’s maternal and paternal grandparents. What follows are some answers to a few questions on child maintenance.

How much is the basic rate or amount of child maintenance?

There is no basic rate for child maintenance. The amount depends on various factors, which includes the needs of the child, the income of the parents, as well as their personal expenses. There are many other factors as well. The law expects parents to contribute based on their means. Therefore, in principle, but not easily applied in practice, if a mother earns double of that the father, and has the same monthly expenses, she would pay double in child support. What is best is for parents to sit down and work out what is fair.

What is covered by child maintenance?

A vast amount of provisions is included in the concept of child support. These are not only necessities, it can be luxuries as well. This all depends on the standard of living of the parents, and what the child was accustomed to. This would even more apply if the parents were married to each other, had the child, and then separated. The law would want the child to continue with the standard of living he or she had before the separation, or divorce.

How do you determine the amount of child support?

Determining the amount to pay for child support is not an easy one. If things were simple, both parties would earn the same and have the same expenses. However, this is seldom the case. Furthermore, one should also look at the means of the parents, assets and liabilities. Therefore, if a parent does not earn much, but own an expensive piece of real estate, that would be taken into account when determining the amount, he or she should contribute. Once all the figures are on the table, a fair amount should be allocated.

When do I stop paying maintenance?

Child maintenance should be paid until the child is self-supporting or sufficient. Although the child becomes an adult at the age of eighteen, many at time, the child is still at school, studying, or trying to find a job. He or she may still claim maintenance from his or her parents. However, once the child becomes self-supporting, maintenance should stop. if there is a child maintenance order in place, such order should be set aside should the child be self-supporting.

Sharing is Caring

This and other articles and posts found on this website are written by Adv. Muhammad Abduroaf to assist people with various family law related issues they may have. If you find any of our articles, free resources and posts interesting, or possibly useful to others, please like and share it on Social Media by clicking on the icons below. For more interesting articles and information on Family Law, view our articles and Q&A page. If you have a family law related legal issue and you want someone to answer or reply to it, feel free to post it on our Family Law Blog. Therefore, kindly like and share. Should you require any other legal services and advice, not related to family law, visit Private Legal.
Posted on by Telelaw

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