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Defaulting on maintenance obligations

Having trouble with recovering maintenance that is due to you in terms of a Court Order?


Failure to pay maintenance in terms of a Court Order is both a civil and criminal offence. If a parent who is obligated to pay maintenance does not pay, the primary caregiver of the child can bring an application for the enforcement of the Maintenance Order in terms of which a writ of execution or an emolument attachment order can be issued.


The writ of execution allows the sheriff to attach the defaulter’s movable property, which can include a pension fund or provident fund, while the emolument attachment order will direct the defaulter’s employer to make deductions from the defaulter’s salary.


For assistance, contact our Family Law Department on 041 363 6044 or info@kaplans.co.za.



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DISCLAIMER:

This article is not intended to constitute legal advice and is produced for information purposes only and to provide a general understanding of the legal position relating to the topic. It is recommended that advice relating to the specific circumstances of your situation be sought from our attorneys before acting upon the content of this article. This article was written at a particular point in time and accordingly may not always reflect the most recent legal developments, if any, applicable to the relevant topic. Kaplan Blumberg and its partners and/or employees, are not responsible for any consequences which may follow upon any decision taken to act upon the information provided in this article.