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

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.

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

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:

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

 

 

 

 

 

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

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?

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

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!

Related Post

How much child maintenance should fathers pay?

At our law offices, we are often confronted with this question which is why we have introduced our child maintenance calculator. This legal product is mostly for our mothers who are unsure of how much child support they should be receiving from the father. Do not despair. We know that all of this can be pretty daunting for the first time fathers learning about child support. With that being said, we have put together some professional, free online legal services for our single fathers. Feel free to click on the following links below for some expert advice:
  1. How to Apply for Child Maintenance at Court – Step by Step Guide and Advice
  2. Child Maintenance Question. How much should I pay or contribute as a parent?
  3. Child Support or maintenance claims. Does an unemployed father pay?
  4. Non-compliance with Maintenance Orders — Civil and Criminal Remedies
  5. Tricks and tips on how to win your child maintenance case
Are you interested in any of our legal services? Do feel free to contact our law offices on 021 424 3487 for an online appointment for a professional legal consultation today. Our law offices are situated in the heart of the buzzing CBD at Suite 702, 7th floor, The Pinnacle, Cape Town.

Divorce, child custody, child maintenance, visitation rights – this can all be daunting to the single father!   

We have fathers coming to visit our law offices on a regular basis – asking us: What do we do from here? How do I obtain visitation rights? Am I entitled to child custody? These are the common concerns our single fathers face and therefore, we have put together well thought out, free expert advice articles that can help you put things into perspective. Simply click on the links below: For a one on one professional legal consultation with the family legal expert, call our law offices for an online legal appointment today!

Parental rights in South Africa

The court can grant an order that can limit parental responsibilities and rights, depending on the nature or circumstance of the matter of course. However, when the court does make these changes, they will consider what’s in the child’s best interests. When terminating parental responsibilities and rights, the court will:
  • What is best for the child rather than parents
  • The relationship between the child and guardian
  • The dedication the guardian has shown to taking care of the child and
  • Other factors that may be relevant to the court.
For more on your parental rights and child custody legal advice, call our law offices today and have an online appointment made for you for a professional legal consultation. Connect with us today!

Our Family Law Clients

We firmly believe in family relations and the need to protect and enforce it when necessary. Therefore, proper legal advice must always be provided. This we strive to ensure. Although we are based in Cape Town, we offer legal advice and legal services to clients throughout South Africa. This we do as we believe in providing high-quality legal services to everyone who requires it.

Have a family Law appointment with us

We have an online appointments system which enables you to save valuable time and cut straight to the chase. There is, therefore, no need for you to visit our offices (unless it is best for you to do so, or is your most preferred option). You may set up telephonic or video consultations should you wish to do so. You can, therefore, stay in the office or on the couch in the comfort of your own home when dealing with us. We are therefore physical, online, set-up and ready to meet with you. Make your appointment online for a consultation today. 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. Should you require any other legal services and advice, not related to family law, visit Private Legal.
Advocate of the High Court of South Africa

High Court Advocate Cape Town Western Cape

Or click here for the details of Cape Town Advocate, Muhammad Abduroaf or this advocate link to learn more. Visit our child custody and maintenance site for additional information. advice-child-maintenance-child-custody-divorce
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Posted on by Telelaw

When getting divorced, always consider: Child Maintenance, Child Custody, Parenting Plans, Assets and your Legal Options

1. Divorce – your legal options

Our law offices have a number of legal options that can be well explained for you by the legal expert. Divorce can be a costly affair, leaving a burning hole in your pocket. However, with the right legal expert on board, this needn’t be the case. The creators of this website had made free, expert legal advice easily accessible for your convenience. For more on your legal options and ideas for your divorce, see the following links:
  1. How to Change your Matrimonial Property Regime
  2. Do your own Unopposed Divorce. No lawyers needed and its Free.
  3. Parental Rights of Divorced Muslim parents after a Talaq or Faskh
  4. Free Online Divorce Assistance Form – DIY Cape Town South Africa
comprising of:
  1. Divorce guide
The free divorce starter toolkit provides you with the necessary tools to attend to the unopposed divorce on your own. The tools include a template Summons, Particulars of Claim and a Notice of Set-Down. Should you wish to have a one on one legal consultation with legal expert himself, then do feel free to call our law offices on 021 424 3486 for an online appointment today. Are you unable to take off from work to personally come and see us? No problem. We cater for telephonic consultations as well, whereby you could consult with us in the comfort of your own home. This applies to those residing out of the Western Cape as well. For some free helpful, online divorce tools, visit our Free DIY Online Tools to get Divorced. Call our law offices on 021 424 3486 for an online appointment today.  

2. Assets and Divorce

We often find that two people who wish to get divorce sometimes fail to understand how their assets are divided in a divorce. At this point, the most important part is ensuring that you get what you deserve in your divorce. This phenomenon can be stressful on the partner who is the bigger income earner – or particularly the partner that owns shares and property. Most of the time, he/she wants to know if their spous can claim accrual in the event of a divorce. Our legal expert therefore urges you to have an Anti – Nuptial Contract (ANC) in place which can protect your assets in the case of a divorce.

3. Having a parenting plan in place

A parenting plan is an agreement between the two parents in which both parents found a common ground with regards to visitation rights with their children. The agreement should however, reflect the child’s best interest. As for drafting your parenting plan, we able to tailor your parenting plan according to the unique circumstances in a manner that will benefit both. The aim when drafting a parenting plan is to ensure that the children gets maximum benefit from both parents so that they don’t feel lost in the process of a divorce. Lets face it, divorce is as hard as it is and even more so, when children are involved. The last thing you’d want is have them suffering in the process. For more on child custody, divorce, child maintenance and professional legal drafting, call our law offices on 021 424 3487 for an online appointment today. Do feel free to visit our Parenting Plans Questions and Answers page for your convenience. Call our law offices on 021 424 3486 for an online appointment today. Get connected with us!

4. Child Maintenance

A divorce is always tough. However, a divorce involving children becomes even tougher due to the myriad of factors involved which opens a whole new can of worms for other legal issues. Child Maintenance and Child Custody can complicate and drag the whole process, unfortunately. Do not despair. In the How to Apply for Child Maintenance at Court – Step by Step Guide and Advice, our legal expert explains this process in an accurate, detailed manner:

How to Apply for Child Maintenance at Court – Step by Step Guide and Advice

Step 1 … Get hold of all your proof of income. E.g. pay slips. If you are not working for an employer, you should get hold of proof that you earn a certain amount of money per month. If you are unemployed, that is in order. Get together a list of all monthly expenses incurred for yourself and your children. This would include rent, groceries, clothes, entertainment etc. This information is required when filling in the maintenance application form that is dealt with in Step 2 below. Find out all the details of the person from whom you are requesting maintenance from, e.g. his/her home and work address and identity number. Step 2 … Go to the Maintenance Court closes to your area and obtain an “Application for Maintenance Order Form” also referred to as “Form A”. Use the information you have gathered in Step 1 and fill in the form. The form is in the form of an affidavit and you therefore have to swear to the correctness of the information under oath and sign. Therefore, do not hide any information for the Court. Caution: If your information is not 100 % correct, you may be cross-examined on such correctness in Court and if it is found that you were not totally honest, this would not be in your favour. If you require any assistance in filling in the form, the maintenance officers would be happy to assist you. Once you have filled in the Application for Maintenance Order Form, return it to the maintenance officer who will process it for you. If the maintenance officer can provide you with a reference/case number there and then, request it. The Maintenance Court will send you and the person you are claiming maintenance from a letter or subpoena to appear at the Maintenance Court for an inquiry with the maintenance officer. Diarise the date immediately and make arrangements with your work and a babysitter as soon as possible. If you miss the date, it can take months to get another. Step 3… From the time you left the office of the maintenance officer and even from the time you decided to claim maintenance, keep all receipts you received for any items bought for you and your child. Therefore, if you buy nappies for your child or even a toy, keep that receipt as if it is gold. This is due to you having to prove to the court that you really do spend money on the child and you have the receipts to prove it. You will soon hear from the Maintenance Court where they will be giving you a date to appear back at the Maintenance Court for an inquiry. They would either inform you by post or by a subpoena. On that date both you and the person from whom maintenance is claimed would have to appear. If you are planning on making use of a legal representative, inform him/her early about the date so that he/she can be available to assist you at Court. In the notice to appear for the maintenance enquiry it is requested that you bring proof of all expenses and income for you and your child. This is why it is so very important for you to keep all proof of expenditure in a safe place. Hint: If you can afford to, bring original proof of expenditure and income and a photocopy thereof. The original you would then be able to take back home and bring it back when requested and the copy will stay in the Court file. Step 4 … This step deals with the maintenance enquiry where you and the person from whom you are claiming maintenance from will appear before a maintenance officer. The maintenance officer will speak to each of the parties and look at the documents provided. Each party will get a chance to explain why he/she requires maintenance and also why he/she can’t afford the maintenance requested. The maintenance officer will as far as possible try to resolve the matter there and then without it having to go to court. If the parties can agree to an amount, this amount can be made an order of court. If however an agreement cannot be reached at this stage, the matter, depending on the Court will either be referred to a prosecutor or for trial. Remember, if you are a father or a person currently paying maintenance / child support, a reduction is possible. The same goes for an application for an increase in maintenance / child support Download the Free Child Maintenance Calculator and start the process regarding child Maintenance today. You would be guided on the law and how much maintenance may be claimed. For more free expert, legal advice on Child Maintenance, click on the following links below:
  1. How to Apply for Child Maintenance at Court – Step by Step Guide and Advice
  1. Child Maintenance Question. How much should I pay or contribute as a parent?
  2. Child Support or maintenance claims. Does an unemployed father pay?
  3. Non-compliance with Maintenance Orders — Civil and Criminal Remedies
  4. Tricks and tips on how to win your child maintenance case
Do you wish to consult with us telephonically or face to face? Feel free to make an online appointment via our website, or call our law offices on 021 424 3487 for an online appointment today.

5. Child Custody

We have fathers coming to visit our law offices on a regular basis – asking us: What do we do from here? How do I obtain visitation rights? Am I entitled to child custody? These are the common concerns our single fathers face and therefore, we have put together well thought out, free expert advice articles that can help you put things into perspective. Simply click on the links below: For a one on one professional legal consultation with the family legal expert, call our law offices for an online legal appointment today! For additional expert, legal advice information that can be helpful with your divorce, click on the following links below:
  1. How to Change your Matrimonial Property Regime
  2. Do your own Unopposed Divorce. No lawyers needed and its Free.
  3. Parental Rights of Divorced Muslim parents after a Talaq or Faskh
  4. Free Online Divorce Assistance Form – DIY Cape Town South Africa comprising of:
  5. Divorce guide
  For a one on one professional legal consultation with the family legal expert, call our law offices for an online legal appointment today!  
Posted on by Telelaw

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