• 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?

This section contains pre-reading material that you should read through at your leisure before the webinar.  The webinar handout you would find on the next tab – we suggest that you download and print the handout / webinar material before the start of the webinar as we will be referring to sections in the handout during the course of the webinar.

 

• Pre-reading material: Things you should know before you apply for child maintenance 
• Blank J101 application form  
• Bannatyne v Bannatyne and Another (CCT18/02) [2002] ZACC 31; 2003 (2) BCLR 111 ; 2003 (2) SA 363 (CC) (20 December 2002) 

This section contains the slideshow (if used), webinar handout and important resources that we will be referring back to during the webinar. Please download and print these before the start of the webinar or have them available electronically to enhance your learning experience.

 

• Maintenance Act, Act 99 of 1989

• Regulations Maintenance Act 99/1989

• Handout: How to deal with employers refusing “garnishee” orders & enquiries relating to POPI

• Slides: How to deal with employers refusing “garnishee” orders & enquiries relating to POPI

• Financial Disclosure Form (in Word)

• Case law: African Development Bank v TN (A479-2017) [2018] ZAGPPHC 672

• Form O J448 Notice to employer

 

Lunch and Learn is a social responsibility project overseen by Oppermans Inc, a family law practice with more than 24 years of experience. The weekly webinars are provided free of charge, aimed at creating awareness on child maintenance. This webinar was pre-recorded at the end of 2023, and the information contained therein was (and still is) correct at the time of recording—the Maintenance Act or Rules has not been amended or changed since. Discussions of relevant case law dealing with specific maintenance issues are found under the “free resource library” tab on the home page.

Affidavits referred to, or templates provided, are mere examples that could be used and should be customized to your specific matter. These documents, such as affidavits cannot be considered “outdated.” The additional speakers on some of these webinars were invited guest speakers who have participated out of their free will and have no affiliation or association with Lunch and Learn.

The details contained in these webinars are for educational and informative purposes only and do not constitute legal advice. You are strongly advised to consult with an experienced legal practitioner for advice on your specific maintenance matter.