THINGS THAT YOU SHOULD KNOW BEFORE APPLYING FOR MAINTENANCE
• The legislation that deals with child maintenance (short overview)
• The common law of duty of support and who needs to support
• The different forms of maintenance (child maintenance of minor children, major children and spousal maintenance)
• The requirements for the existence of duty of support of children
• Who can be described as a “child”?
• Claiming maintenance from parents, grandparents, brothers & sisters, uncles & aunties, step-parents)
• The need for maintenance and the means to pay maintenance
• Short overview of the maintenance application procedure (this will be discussed in depth in future webinars)
• General information that you need to know before you claim maintenance
• The common law of duty of support and who needs to support
• The different forms of maintenance (child maintenance of minor children, major children and spousal maintenance)
• The requirements for the existence of duty of support of children
• Who can be described as a “child”?
• Claiming maintenance from parents, grandparents, brothers & sisters, uncles & aunties, step-parents)
• The need for maintenance and the means to pay maintenance
• Short overview of the maintenance application procedure (this will be discussed in depth in future webinars)
• General information that you need to know before you claim maintenance
HOW TO GET ALL YOUR DOCUMENTS READY TO APPLY FOR MAINTENANCE
CLICK HERE TO GO TO THE WEBINAR
• What documents are needed to submit an application for maintenance
• What happens if I do not have all the documents requested?
• Where do I get the J101 application form?
• What is meant by proof of my expenses and income?
• Which court do I need to go to lodge my application for maintenance?
• What happens if I do not have the details (work or home address) of the other parent?
• How can I trace the other parent if I do not know where he lives or work?
• What if I am not 100% sure if the person I am claiming maintenance from is the real father of the child?
• What if I have children from different fathers?
• What happens if I do not have all the documents requested?
• Where do I get the J101 application form?
• What is meant by proof of my expenses and income?
• Which court do I need to go to lodge my application for maintenance?
• What happens if I do not have the details (work or home address) of the other parent?
• How can I trace the other parent if I do not know where he lives or work?
• What if I am not 100% sure if the person I am claiming maintenance from is the real father of the child?
• What if I have children from different fathers?
HOW TO COMPLETE THE J101 MAINTENANCE APPLICATION FORM
• Where do I get the form that I need to complete?
• Will someone at the Maintenance Court be able to explain the form to me or assist me in completing the form?
• What if I do not know the details of the other parent?
• How do I complete the section that alleges that the other person is legally liable to maintain the child?
• What if the children live with a caregiver (such as a grandparent) and I want to claim maintenance?
• I do not have a court order and the father seldom contributes to the children – what is the legal position.
• I am asked how much I want for maintenance – how do I calculate the amounts?
• Can I claim winter / summer / Christmas clothes as part of the maintenance order?
• How to complete the section that deals with your assets.
• Detailed explanation of what to fill in as your income.
• How the expenses should be worked out and calculated.
• How do I split the expenses between myself and the children? (Short discussion as this will be dealt with in a future webinar)
• Will someone at the Maintenance Court be able to explain the form to me or assist me in completing the form?
• What if I do not know the details of the other parent?
• How do I complete the section that alleges that the other person is legally liable to maintain the child?
• What if the children live with a caregiver (such as a grandparent) and I want to claim maintenance?
• I do not have a court order and the father seldom contributes to the children – what is the legal position.
• I am asked how much I want for maintenance – how do I calculate the amounts?
• Can I claim winter / summer / Christmas clothes as part of the maintenance order?
• How to complete the section that deals with your assets.
• Detailed explanation of what to fill in as your income.
• How the expenses should be worked out and calculated.
• How do I split the expenses between myself and the children? (Short discussion as this will be dealt with in a future webinar)
HOW TO CALCULATE THE CHILD’S EXPENSES ON THE FORMS
• The statutory duty in terms of section 15(3)
• Recommendations of the SA Law Reform Commission on how the child’s expenses should be dealt with
• The concept of a “fair” amount when it comes to expenses for children
• Discussion of case law that deals with the calculation of the child’s expenses
• How to divide the monthly expenses between yourself and the child(ren) – different models
• Discussion on grocery expenditures, common household expenditure, educational expenditure, medical expenses and other necessary expenses
• Tips on expenses that are often forgotten when working out the children’s expenses
• Practical tips
• Recommendations of the SA Law Reform Commission on how the child’s expenses should be dealt with
• The concept of a “fair” amount when it comes to expenses for children
• Discussion of case law that deals with the calculation of the child’s expenses
• How to divide the monthly expenses between yourself and the child(ren) – different models
• Discussion on grocery expenditures, common household expenditure, educational expenditure, medical expenses and other necessary expenses
• Tips on expenses that are often forgotten when working out the children’s expenses
• Practical tips
HOW TO CALCULATE THE PARENT’S CONTRIBUTION IN MAINTENANCE MATTERS
• Discussion of the legal provision of section 15(3)(a)(ii) and 15(b)
• Discussing the term “respective means” and what does it mean
• Explaining the case law that deals with the parent’s portion
• Recommendations by the SA Law Reform Commission on what is considered the “means” of a party
• Explaining the joint income formula
• Discussing hidden assets and assets / income not declared by a party
• What happens if the father is a taxi driver or works for himself and does not declare his income?
• Discussing the term “respective means” and what does it mean
• Explaining the case law that deals with the parent’s portion
• Recommendations by the SA Law Reform Commission on what is considered the “means” of a party
• Explaining the joint income formula
• Discussing hidden assets and assets / income not declared by a party
• What happens if the father is a taxi driver or works for himself and does not declare his income?
HOW TO SUBMIT YOUR COMPLETED MAINTENANCE APPLICATION TO COURT
• Everything you need to take to court to fast-track your maintenance application
• Submission of an additional founding affidavit in support your maintenance application form
• In what order should all documents be submitted?
• Practical tips and common problems when submitting your maintenance application form to court
• What will happen next if I submit my application form and documents to Maintenance Court?
• Submission of an additional founding affidavit in support your maintenance application form
• In what order should all documents be submitted?
• Practical tips and common problems when submitting your maintenance application form to court
• What will happen next if I submit my application form and documents to Maintenance Court?
HOW TO PREPARE FOR A SECTION 6 MAINTENANCE ENQUIRY
• Explanation of what a section 6 enquiry is and what to expect on the day of the enquiry
• Practical tips on how to prepare for the section 6 enquiry
• What is the role of the maintenance officer and maintenance clerk?
• What assistance will the maintenance investigator give to a maintenance applicant?
• Overview of a section 6 enquiry and what types of questions you could be asked
• Practical tips on how to prepare for the section 6 enquiry
• What is the role of the maintenance officer and maintenance clerk?
• What assistance will the maintenance investigator give to a maintenance applicant?
• Overview of a section 6 enquiry and what types of questions you could be asked
HOW TO CONDUCT AN INFORMAL SECTION 6 MAINTENANCE ENQUIRY
• We define the role of the maintenance officer
• What must a maintenance officer first establish when a maintenance complaint is received?
• Clarification and explanation of case law pertaining to section 6 enquiries, jurisdiction, defining “care” and “care-giver”
• An outline of how a section 6 enquiry is conducted
• Confirmation of paternity (and DNA tests) explained
• What are my rights when it comes to maintenance?
• Interim maintenance orders discussed and when to apply for an interim maintenance order
• Discussion of consent orders (J214)
• What happens it the respondent (father) does not show up at Maintenance Court on the day of the enquiry?
• What happens if the respondent (father) did not bring the required information on the day of the enquiry?
• Brief discussion of maintenance mediation (this will be dealt with extensively in a future webinar)
• What must a maintenance officer first establish when a maintenance complaint is received?
• Clarification and explanation of case law pertaining to section 6 enquiries, jurisdiction, defining “care” and “care-giver”
• An outline of how a section 6 enquiry is conducted
• Confirmation of paternity (and DNA tests) explained
• What are my rights when it comes to maintenance?
• Interim maintenance orders discussed and when to apply for an interim maintenance order
• Discussion of consent orders (J214)
• What happens it the respondent (father) does not show up at Maintenance Court on the day of the enquiry?
• What happens if the respondent (father) did not bring the required information on the day of the enquiry?
• Brief discussion of maintenance mediation (this will be dealt with extensively in a future webinar)
HOW AND WHEN TO REFER A MAINTENANCE ENQUIRY TO COURT (§10)
• What is a section 10 enquiry?
• What is the procedure and when a maintenance enquiry is referred to Maintenance Court?
• Discussion of the discretion and wording of the Act when it comes to referrals to Court
• The process of a formal section 10 enquiry done in Court
• Duties of the maintenance officer when referring the matter to court
• Recommendation of the maintenance officer
• Creating a court bundle of documented evidence for submission to Court
• Discussion of the section 9 summons to formally appear in court and what happens if the respondent does not appear
• What is the procedure and when a maintenance enquiry is referred to Maintenance Court?
• Discussion of the discretion and wording of the Act when it comes to referrals to Court
• The process of a formal section 10 enquiry done in Court
• Duties of the maintenance officer when referring the matter to court
• Recommendation of the maintenance officer
• Creating a court bundle of documented evidence for submission to Court
• Discussion of the section 9 summons to formally appear in court and what happens if the respondent does not appear
HOW TO INTERPRET DOCUMENTS PRESENTED DURING A SECTION 6 OR 10 ENQUIRY
• In depth explanation on how to interpret documents submitted by the respondent such as: salary slips, bank statements, financial statements, assets or other sources of income
• Detailed explanation how to interpret and investigate the expenses alleged by the respondent during enquiries
• Tips of which types of questions should be asked
• Completion of a FDF (Financial Disclosure Form) and what does it entail
• Tips of common ways that respondents hide income and assets
• Recourses available when you know that the respondent is lying about his income or assets
• Practical tips
• Detailed explanation how to interpret and investigate the expenses alleged by the respondent during enquiries
• Tips of which types of questions should be asked
• Completion of a FDF (Financial Disclosure Form) and what does it entail
• Tips of common ways that respondents hide income and assets
• Recourses available when you know that the respondent is lying about his income or assets
• Practical tips
HOW DOES FUTURE MAINTENANCE WORK
• What is future maintenance?
• When can future maintenance be claimed?
• Case law on where maintenance defaulters have the intention to defeating a maintenance order by spending money that is due to them in terms of a pension payout
• Discussion of the Soller v Magistrate Wynberg 2006 case in detail
• Explanation of the process to claim future maintenance (Notice of Motion with supporting affidavits)
• Drafting all court documents to claim future maintenance discussed
• When can future maintenance be claimed?
• Case law on where maintenance defaulters have the intention to defeating a maintenance order by spending money that is due to them in terms of a pension payout
• Discussion of the Soller v Magistrate Wynberg 2006 case in detail
• Explanation of the process to claim future maintenance (Notice of Motion with supporting affidavits)
• Drafting all court documents to claim future maintenance discussed
HOW DOES SPOUSAL MAINTENANCE WORK
• Post divorce support of spouses and partners of civil unions
• Factors that the court take into consideration in ordering spousal maintenance
• Discussion of the earning capacities of the parties
• Defining the “clean break” principle applied by the Courts
• What and why is token maintenance awarded
• “Dum casta” clause found in many agreements
• Do subsequent marriages have an influence on spousal maintenance?
• Explaining when and how to apply for spousal maintenance
• Factors that the court take into consideration in ordering spousal maintenance
• Discussion of the earning capacities of the parties
• Defining the “clean break” principle applied by the Courts
• What and why is token maintenance awarded
• “Dum casta” clause found in many agreements
• Do subsequent marriages have an influence on spousal maintenance?
• Explaining when and how to apply for spousal maintenance
HOW IS A MAINTENANCE ORDER ENFORCED WHEN THE RESPONDENT IS IN ARREARS?
• Overview of remedies and what you could ask for if the respondent is in arrears
• Brief discussion on warrants of execution (this will be dealt with extensively in a future webinar)
• Brief explanation of attachment orders (this will be dealt with extensively in a future webinar)
• Brief discussion on emoluments attachment (“garnishee”) orders (this will be dealt with extensively in a future webinar)
• Discussion of sequestrations
• Short explanation of how criminal proceedings work (this will be dealt with extensively in a future webinar)
• When is a person considered to be in default / arrears?
• Discussion on the process to report arrear maintenance
• Valid defense for arrear maintenance
• Brief discussion on warrants of execution (this will be dealt with extensively in a future webinar)
• Brief explanation of attachment orders (this will be dealt with extensively in a future webinar)
• Brief discussion on emoluments attachment (“garnishee”) orders (this will be dealt with extensively in a future webinar)
• Discussion of sequestrations
• Short explanation of how criminal proceedings work (this will be dealt with extensively in a future webinar)
• When is a person considered to be in default / arrears?
• Discussion on the process to report arrear maintenance
• Valid defense for arrear maintenance
HOW TO APPLY FOR AN EMOLUMENTS ATTACHMENT ORDER? (“GARNISH”)
• Discussion of section 28
• Explanation of what an emoluments attachment order is and how it works
• When can you apply for an emoluments attachment order and what documents needs to be completed?
• How is an emoluments attachment order enforced?
• Can the employer refuse to deduct money from the respondent’s salary / wage?
• Remedies in case of failure of the employer to deduct
• Discussion of prescribed form and the application procedure
• Explanation of what an emoluments attachment order is and how it works
• When can you apply for an emoluments attachment order and what documents needs to be completed?
• How is an emoluments attachment order enforced?
• Can the employer refuse to deduct money from the respondent’s salary / wage?
• Remedies in case of failure of the employer to deduct
• Discussion of prescribed form and the application procedure
HOW TO APPLY FOR A WARRANT OF EXECUTION AND ATTACHMENT ORDERS
• What is an attachments order?
• What can be attached?
• Detailed discussion of section 30 and the procedure how to apply for an attachment order
• Reference to case law pertaining to attachments
• Explanation of the procedure to be followed to obtain an attachment order
• Discussion of suspension, amendment and rescindment of attachment orders
• What can be attached?
• Detailed discussion of section 30 and the procedure how to apply for an attachment order
• Reference to case law pertaining to attachments
• Explanation of the procedure to be followed to obtain an attachment order
• Discussion of suspension, amendment and rescindment of attachment orders
• How and when can a warrant of execution be granted
• Discussion of the legislation and case law
• What items may be judicially attached to secure payment of arrear maintenance and what items are excluded?
• What happens if the respondent owns nothing?
• Explanation of the procedure of issuing a warrant of execution and what it means
• Assistance by the State in paying the costs of a warrant of execution
• General tips and advice on warrants of execution to fast-track your maintenance matter
HOW TO APPLY FOR A VARIATION OF MAINTENANCE ORDER (INCREASE OR DECREASE)
• Discussion (with reference to case law) on when you may request the Court for an increase
• Explanation of the term, “good cause”, as a requirement for variation of an order
• Documents needed for a variation
• Completion of the J107 application form for variation (either increase or decrease)
• Detailing the process that needs to be followed for a variation
• Discussion of the effect if an order is substituted by a new order (section 22)
• Can a Maintenance Court override a High Court order when it comes to maintenance?
• Brief discussion about the increase or decrease of a spousal maintenance order made by a Divorce Court
• Explanation of the term, “good cause”, as a requirement for variation of an order
• Documents needed for a variation
• Completion of the J107 application form for variation (either increase or decrease)
• Detailing the process that needs to be followed for a variation
• Discussion of the effect if an order is substituted by a new order (section 22)
• Can a Maintenance Court override a High Court order when it comes to maintenance?
• Brief discussion about the increase or decrease of a spousal maintenance order made by a Divorce Court
HOW TO DEAL WITH PATERNITY DISPUTES (DNA) IN MAINTENANCE RELATED MATTERS?
• Discussion of the position of paternity (DNA) tests
• Case law and provisions of the Children’s Act that deals with paternity
• Understanding how blood tests (DNA tests) work
• Costs involved in paternity tests
• Discussion of respondents using DNA tests as a means to delay maintenance payments
• Can Maintenance Courts force the respondent to go for paternity tests?
• What if the respondent refuses to go for DNA testing?
• Can DNA tests be manipulated or changed by drinking muthi?
• Case law and provisions of the Children’s Act that deals with paternity
• Understanding how blood tests (DNA tests) work
• Costs involved in paternity tests
• Discussion of respondents using DNA tests as a means to delay maintenance payments
• Can Maintenance Courts force the respondent to go for paternity tests?
• What if the respondent refuses to go for DNA testing?
• Can DNA tests be manipulated or changed by drinking muthi?
WHAT TYPES OF ORDERS CAN THE COURT MAKE AND HOW AND WHAT ORDERS CAN BE APPEALED?
• Discussion of section 16 of the different types of orders that a presiding officer may make
• Contemplating the question if a court make an order pertaining to an amount in arrears except as provided for in sections 26 and 31?
• May a Maintenance Court make an order that the arrear amount must be written off?
• Can a court make an order that maintenance be deducted from a pension fund or from the benefits in a provident fund?
• Brief discussion of orders by default and orders by consent
• How and when may an aggravated party appeal against an order made by the Maintenance Court?
• Discussion of the orders that can be appealed against and orders that are excluded from appeal
• Explanation of the process of appeal and the documents and time frames within which an appeal must be done
• Contemplating the question if a court make an order pertaining to an amount in arrears except as provided for in sections 26 and 31?
• May a Maintenance Court make an order that the arrear amount must be written off?
• Can a court make an order that maintenance be deducted from a pension fund or from the benefits in a provident fund?
• Brief discussion of orders by default and orders by consent
• How and when may an aggravated party appeal against an order made by the Maintenance Court?
• Discussion of the orders that can be appealed against and orders that are excluded from appeal
• Explanation of the process of appeal and the documents and time frames within which an appeal must be done
HOW DOES CRIMINAL PROSECUTIONS WORK IN MAINTENANCE CASES?
• A criminal offence if a person fails to comply with a maintenance order? Discussion of section 31
• Case law on sentencing of maintenance defaulters
• Is there any defense against a criminal charge for non-compliance with a court order?
• Explanation of the elements of an offence that the State needs to prove
• How will the State establish the element of a guilty mind of an accused by not paying maintenance?
• How do a lay a criminal charge if the respondent fails to pay maintenance / are in arrears with maintenance
• Discussion of section 305 of the Children’s Act
• Conversions of a criminal trail into a maintenance enquiry – when does this happen and why?
• General discussion on the criminalization of maintenance defaulters
• J165 and J50 warrants of arrest – detailed explanation
• Case law on sentencing of maintenance defaulters
• Is there any defense against a criminal charge for non-compliance with a court order?
• Explanation of the elements of an offence that the State needs to prove
• How will the State establish the element of a guilty mind of an accused by not paying maintenance?
• How do a lay a criminal charge if the respondent fails to pay maintenance / are in arrears with maintenance
• Discussion of section 305 of the Children’s Act
• Conversions of a criminal trail into a maintenance enquiry – when does this happen and why?
• General discussion on the criminalization of maintenance defaulters
• J165 and J50 warrants of arrest – detailed explanation
HOW TO CONDUCT A MEDIATION IN MAINTENANCE ENQUIRIES?
• Discussion of current legislation and the recommendations of the SA Law Reform Commission regarding mediation
• What gets mediated in a maintenance matter?
• Discussion of a typical mediation process and that to expect
• Explanation of possible desired outcomes of mediation
• Negotiation process used in maintenance mediation
• General family law mediation discussion with an emphasis on new maintenance applications, defaulting or arrear respondents mediation and the intersection with domestic violence
• Discussion on the qualification of private mediators and maintenance officers
• Benefits of mediating maintenance matters vs litigation
• What gets mediated in a maintenance matter?
• Discussion of a typical mediation process and that to expect
• Explanation of possible desired outcomes of mediation
• Negotiation process used in maintenance mediation
• General family law mediation discussion with an emphasis on new maintenance applications, defaulting or arrear respondents mediation and the intersection with domestic violence
• Discussion on the qualification of private mediators and maintenance officers
• Benefits of mediating maintenance matters vs litigation
HOW TO DEAL WITH PARENTAL ALIENATION (LEGAL PERSPECTIVE DISCUSSION)
• Exploring the possible definitions of parental alienation
• Understanding the types, stages and intensity of parental alienation
• Discussion of case law on parental alienation
• Misconceptions about parental alienation
• Understanding behaviours of the alienated child, alienating parent and the rejected parent on context
• Navigating parental alienation in maintenance matters
• Understanding the types, stages and intensity of parental alienation
• Discussion of case law on parental alienation
• Misconceptions about parental alienation
• Understanding behaviours of the alienated child, alienating parent and the rejected parent on context
• Navigating parental alienation in maintenance matters
SUBSISTENCE & TRAVEL ALLOWANCE, JURISDICTION AND INTER-PROVINCE APPLICATIONS
• Subsistence & travel allowance for applicants travelling to Court and having to take of work (discussion of section 11(1))
• Will the Court pay the travel fees of the respondent or myself to come to court?
• Discussion on how to establish jurisdiction of which court should be used for a maintenance application, increase- or a decrease application
• Explanation, with practical examples, on how to conduct a maintenance enquiry where the respondent is living or working in another province
• Will the Court pay the travel fees of the respondent or myself to come to court?
• Discussion on how to establish jurisdiction of which court should be used for a maintenance application, increase- or a decrease application
• Explanation, with practical examples, on how to conduct a maintenance enquiry where the respondent is living or working in another province
HOW TO DEAL WITH EMPLOYERS REFUSING “GARNISHEE” ORDER & ENQUIRIES RELATING TO POPI
• Explanation of how the emoluments attachment order (“garnishee”) process works
• Service of the emoluments attachment order on employee and the effect thereof
• Usual time periods for deductions (payment runs)
• Non-compliance with an emoluments attachment order – how to report non0compliance and what will happen next
• Duty and responsibilities of maintenance officers relating to non-compliance employees
• Documents that needs to be completed and explanation of the process
• Examples of court documents explained
• Issues relating to POPI – what does the law say?
• Service of the emoluments attachment order on employee and the effect thereof
• Usual time periods for deductions (payment runs)
• Non-compliance with an emoluments attachment order – how to report non0compliance and what will happen next
• Duty and responsibilities of maintenance officers relating to non-compliance employees
• Documents that needs to be completed and explanation of the process
• Examples of court documents explained
• Issues relating to POPI – what does the law say?
HOW AND WHEN DOES A COURT CONVERT A CRIMINAL TRIAL TO AN ENQUIRY?
• Discussion of section 41
• Explanation on when the Courts convert a criminal maintenance matter for an enquiry in the Maintenance Court
• Evaluation of case law on conversions
• What happens to the arrears (criminal case) if the matter is converted to a maintenance enquiry?
• Discussion if offences and penalties in terms of the Maintenance Act (sections 31 – 39)
• Explanation on when the Courts convert a criminal maintenance matter for an enquiry in the Maintenance Court
• Evaluation of case law on conversions
• What happens to the arrears (criminal case) if the matter is converted to a maintenance enquiry?
• Discussion if offences and penalties in terms of the Maintenance Act (sections 31 – 39)
YOUR RIGHTS AND RECOURSE IN MAINTENANCE MATTERS
• Your rights as the complainant or respondent in maintenance matters
• What can your expect from the court personnel
• What are the complaints procedure?
• Specific rights / recourses explained
• DOJ Code 26 /2015
• Service Delivery Charter
• What can your expect from the court personnel
• What are the complaints procedure?
• Specific rights / recourses explained
• DOJ Code 26 /2015
• Service Delivery Charter
HOW ARE MAINTENANCE DEFAULTERS BLACKLISTED IN MAINTENANCE COURTS?
• Circumstances under which defaulters are blacklisted
• Discussion of the controversy of blacklisting
• Discussion on the National Credit Act legislation that deals with blacklisting of maintenance orders
• Form W that needs to be completed and forwarded to credit bureaus
• Guidelines and procedure for the furnishing of maintenance defaulter’s details to credit bureaus
• When can the defaulter’s name be removed from the credit bureau?
• What are the implications of blacklisting?
• Discussion of the controversy of blacklisting
• Discussion on the National Credit Act legislation that deals with blacklisting of maintenance orders
• Form W that needs to be completed and forwarded to credit bureaus
• Guidelines and procedure for the furnishing of maintenance defaulter’s details to credit bureaus
• When can the defaulter’s name be removed from the credit bureau?
• What are the implications of blacklisting?
HOW TO FILE A COMPLAINT IN TERMS OF SECTION 305 OF THE CHILDRENS ACT
• Explanation of section 305 of the Children’s Act (abandonment of a child)
• Explanation of section 110 of the Children’s Act (duty to report abuse)
• Discussion of arguments that non-payment of maintenance amounts to abuse and neglect in terms of the Children’s Act
• Step-by-step guide on how to complete an affidavit to file at SAPS
• What are the next steps that will be taken when FCS division of SAPS get involved and what might be possible outcomes?
• Practical advice on how to use your rights in terms of the Children’s Act when it comes to child maintenance
• Explanation of section 110 of the Children’s Act (duty to report abuse)
• Discussion of arguments that non-payment of maintenance amounts to abuse and neglect in terms of the Children’s Act
• Step-by-step guide on how to complete an affidavit to file at SAPS
• What are the next steps that will be taken when FCS division of SAPS get involved and what might be possible outcomes?
• Practical advice on how to use your rights in terms of the Children’s Act when it comes to child maintenance
HOW AND WHEN CAN A CONSENT ORDER BE GRANTED IN MAINTENANCE CASES?
• Explanation of what a consent order is
• Different forms to be used for different consent orders explained (J214 or J168)
• Signing of the consent order by a respondent that lives in another province – how is it managed?
• Duties of the maintenance officer defined when it comes to consent orders
• Discussion of the relevant legislation (sections 17 and 16(1)(a)(1))
• Example of a supplementary affidavit by the respondent that wishes to sign a consent order without the need to appear in court to have the maintenance order granted
• Practical advice and tips for reaching an agreement by consent
• Different forms to be used for different consent orders explained (J214 or J168)
• Signing of the consent order by a respondent that lives in another province – how is it managed?
• Duties of the maintenance officer defined when it comes to consent orders
• Discussion of the relevant legislation (sections 17 and 16(1)(a)(1))
• Example of a supplementary affidavit by the respondent that wishes to sign a consent order without the need to appear in court to have the maintenance order granted
• Practical advice and tips for reaching an agreement by consent
HOW COMPLAINT’S CAN COMPLAIN ABOUT AND ESCALATE THEIR MAINTENANCE MATTER
• Grounds for a complaint if your maintenance matter is taking too long with reference to section 10(6)
• What is meant by “postponements are limited in number and duration”?
• Discussion of the duties of the maintenance officer in terms of the DOJ Codified Instructions 26/2015
• Explanation of Mthimunye v Minister of Justice and Constitutional Development 2014 JDR 1066 (GP) and the implications for maintenance officers
• Guide on the process that a complainant needs to follow in order to expedite a maintenance matter
• Practical examples and precedents of complaints lodged
• What is meant by “postponements are limited in number and duration”?
• Discussion of the duties of the maintenance officer in terms of the DOJ Codified Instructions 26/2015
• Explanation of Mthimunye v Minister of Justice and Constitutional Development 2014 JDR 1066 (GP) and the implications for maintenance officers
• Guide on the process that a complainant needs to follow in order to expedite a maintenance matter
• Practical examples and precedents of complaints lodged
PARENTAL RIGHTS AND RESPONSIBILITIES OF MARRIED AND UNMARRIED FATHERS
• General principles of parental rights as defined in the Children’s Act
• What is meant by “parental responsibilities and rights”?
• How are parental responsibilities and rights obtained?
• Discussion of the rights of a married father
• Discussion of the rights of an unmarried father
• Acquisition of parental responsibilities and rights defined and explained
• Discussion of maintenance disputes of unmarried fathers and how it is dealt with
• Brief reference to major decisions by one parent and visitation rights
• What is meant by “parental responsibilities and rights”?
• How are parental responsibilities and rights obtained?
• Discussion of the rights of a married father
• Discussion of the rights of an unmarried father
• Acquisition of parental responsibilities and rights defined and explained
• Discussion of maintenance disputes of unmarried fathers and how it is dealt with
• Brief reference to major decisions by one parent and visitation rights