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  • Writer's pictureThe Kaplan Team

THOUGHT OF THE WEEK Harder times for maintenance defaulters

Updated: Apr 7, 2020

On 5 January 2018 certain important amendments to the Maintenance Act became operational. THese sections introduce stricter measures against maintenance defaulters.

One of the amendments authorises the courts to direct electronic communications service providers, such as Vodacom, MTN, Cell C or Telkom, to furnish the courts with the contact information of the maintenance defaulter where the person cannot be located. In addition, if the complainant (the person applying to court on the basis that a maintenance payment was overdue) cannot afford the cost of the application to the service provider the costs may be funded by the State. The court may also order the defaulter to refund such costs to the State.

Furthermore, it is now possible for the maintenance officer to furnish the defaulter’s personal particulars to credit bureaus in order for the defaulter to be blacklisted.

Contact our offices for assistance in recovering 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.

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