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
Click here for the streaming event: https://www.youtube.com/watch?v=gDGilV5OTMU
Download the slides, course handout, pre-reading material and all documents by following this link: https://www.lunchandlearn.org.za/ll19-2024-how-does-criminal-prosecutions-work/
Disclaimer
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. Affidavits referred to, or templates provided, are mere examples that could be used and should be customized to your specific matter. These documents cannot be considered “outdated.” The additional speakers on some of these webinars were 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.
