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Is It Too Late To Claim The Arrear Maintenance Owing To Me?

In a recent decision by the Supreme Court of appeal, the issue as to whether or not arrear maintenance can prescribe (i.e. when d debt or other obligation is extinguished after a certain period of time) was addressed.

The court found that, unpaid maintenance of R3.5 million, which accrued over 25 years, remained due and payable and that maintenance in a divorce order does constitute a judgment debt as defined in the Prescription Act.

The importance in the distinction between judgment debt and any other debt is that judgment debt prescribes only after 30 years, whereas any other debt prescribes after 3 years.

Contact our professionals at 041 363 6044 or info@kaplans.co.za should you require assistance with the recovery of arrear maintenance.



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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.