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  • Writer's pictureThe Kaplan Team

THOUGHT OF THE WEEK Ex spouse hasn't paid maintenance in years! You can still claim...

If you have a maintenance claim in terms of your Divorce Order, you can still enforce the Order. Furthermore, you can bring an application for the recovery of the arrear maintenance due to you.

In order to recover the arrear maintenance, it is possible to have writ of execution issued whereby the defaulting party’s movable assets are attached and sold in execution. Most assets can be attached, including any debt which is owing to the defaulting party. It is also possible, under certain circumstances, to apply for an Emoluments Attachment Order in terms of which the defaulting party’s employer is ordered to pay the monthly maintenance to you by deducting it from the defaulting party’s salary. Lastly, it is now also possible to have the defaulting party reported to the Credit Bureau and blacklisted.

If the defaulting party is intentionally and wrongfully failing to pay maintenance, it is possible to lay a criminal charge. The defaulting party may then be prosecuted and convicted of a criminal offence. Possible sentences include a fine or imprisonment of up to one year, or both.

Contact our professionals should you have any queries or require assistance.

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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.

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