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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,...
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...
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...
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...
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...
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)...
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...
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 •...
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...
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...
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...
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...
How to deal with parental alienation: • 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...
Subsistence & travel allowances by Courts, jurisdictions of Courts 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 ...
Remedies when employers refuse "garnishee" orders and issues 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...
Referral of a criminal matter back to Maintenance Court: • 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...
Your rights and recourse when it comes to 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...
How maintenance defaulters are blacklisted: • 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...
