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In this lunch hour we cover topics which include: • 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...
During this lunch hour we will be discussing the following topics: • 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...
In this lunch hour we will discuss step-by-step on how to complete the J101 Maintenance Application Form: • Where to I get the form that I need to complete? • Will someone at the Maintenance Court be able to explain the form to me or...
In this lunchtime webinar we will explain: • 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...
In this lunch and learn webinar we will explain: • 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...
Discussion topics for today's lunch and learn: • 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...
Our discussion for today will deal with preparation for the section 6 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 •...
In this webinar we discuss more on how to conduct a proper section 6 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...
In this Lunch and Learn we will discuss: • 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...
Discussions for today's Lunch and Learn webinar includes: • 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...
Discussion for today's Lunch and Learn: • What is future maintenance? • When can future maintenance be claimed? • Case law on where maintenance defaulters has the intention to defeating a maintenance order by spending money that is due to them in terms of a...
In this lunch hour we will be discussing topics relating to spousal maintenance: • 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...
Our topic for today's Lunch and Learn webinar is enforcement of maintenance orders: • 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...
Topics for discussion - emoluments attachments orders: • 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...
The Domestic Violence Act has been amended on 14 April 2023 to better protect victims of domestic violence and hold perpetrators accountable. This workshop will be held on Saturday 6 May 2023 @ 09:00 at the NPA Auditorium in Cape Town and well as...
The week's webinar has been postponed to next week when we will deal with attachment orders (debt attachments and warrants of execution) in totality. The reason for this was that attachment orders for debt and emoluments are very similar and we do not want to...
An interactive educational workshop for members of the public that faces the daily struggle in claiming child maintenance in the Stellenbosch and Cloetesville area. The workshop intends to educate parents of the process of claiming for child maintenance, a step-by-step practical guide on how to...
Today we will be discussing warrants of execution: • 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?...
An interactive educational workshop for members of the public that faces the daily struggle in claiming child maintenance in the Stellenbosch area. The workshop intends to educate parents of the process of claiming for child maintenance, a step-by-step practical guide on how to complete the maintenance...
Topic for discussion: The increase or decrease of an existing maintenance order: • 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 •...
This afternoon we are discussing how to deal with paternity disputes: • 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...
Up for discussion today are the types of orders that the magistrate may may and how to appeal against such orders: • Discussion of section 16 of the different types of orders that a presiding officer may make • Contemplating the question if a court...
During lunch hour we will be discussing criminal prosecutions: • 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...
Our Lunch and Learn topic for today is mediation in maintenance matters: • 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...
Our topic for today is 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,...
Today we are discussing 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...
Today we are discussing the 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...
DIVORCE WEEK SESSION 1: GENERAL INTRODUCTION Why it is important to know how you are married and what are the consequences thereof? (matrimonial property regime); Short discussion on marriages in community of property as the default matrimonial property regime; Short explanation on marriage out of...
DIVORCE WEEK SESSION 2: CONSEQUENCES OF DIVORCE & DIVORCE PROCESS 1. Is cheating a ground for divorce in SA? 2. Consequences of Divorce (short discussion on each consequences and how it would affect you) 2.1 Legal consequences 2.2 Personal consequences 2.3 Patrimonial consequences 2.4 Resdistribution...
DIVORCE WEEK SESSION 3: EXPLAINING HOW CONTESTED DIVORCES WORK • Detailed explanation of the contested (opposed) divorce process in South Africa • What documents are needed and filed in court • What are the steps that the lawyer will follow in a contested divorce? •...
DIVORCE WEEK SESSION 4: SERVED WITH A DIVORCE SUMMONS, NOW WHAT? 1. Who gets the ring in a divorce? 2. The role of a family advocate when it comes to minor children 3. Five tips for preparing for a divorce 4. Short discussion on three...
DIVORCE WEEK SESSION 5: DIVORCE MEDIATION – HOW DOES IT WORK? 1. Why choose family mediation for divorce in South Africa. How does it work? 2. A typical mediation session for divorces explained 3. Tips on divorce mediation – how to prepare yourself 4. The...
DIVORCE WEEK SESSION 6: SHOULD YOU FILE FOR DIVORCE FIRST? PROS AND CONS 1. Benefits of filing for divorce first 2. Disadvantages of filing for divorce first 3. Commonly asked filing questions answered 4. My divorce is taking forever. Lengthy divorces? – application for interim...
DIVORCE WEEK SESSION 7: PROTECTING YOUR ASSETS 1. Denied equal share of assets? 2. How to protect your assets in a divorce 3. Discussion of hiding assets during divorce: is it legal & the penalties 4. A recent case involving tax and pension funds 5....
DIVORCE WEEK SESSION 8: LETS TALK DIVORCE SETTLEMENT 1. Divorce settlement negotiation tips: how to navigate the process with dignity 2. What is the aim of divorce settlements and how does it affect the marital regime? 3. Going to court for your divorce 4. The...
DIVORCE WEEK SESSION 9: GENERAL DIVORCE TIPS 1. Married overseas or to a foreigner? You can divorce in South Africa 2. I want to divorce my missing spouse – can it be done and how is it done? 3. Divorcing a narcissist – tips on...
DIVORCE WEEK SESSION 10: GENERAL DIVORCE TIPS 1. Spousal maintenance after divorce explained – what am I entitled to? 2. Child maintenance after divorce discussed 3. What happens if I ignore a divorce summons that was served on me? 4. Unfair divorce tactics & strategies...
International maintenance, where the respondent lives / works abroad is the Lunch and Learn topic for today: • Discussion of the Reciprocal Enforcement of Maintenance Orders Act • Navigating step-by-step through the maze and paperwork of enforcing and applying for a maintenance order where the...
Today we are discussing the 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 •...
Today we are discussing 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...
Today's discussion explains 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...
In today's Lunch and Learn we are discussing section 305 of the Children's 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...
Topic for Lunch and Learn today is consent orders: • 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...
Topic for today's Lunch and Learn webinar is complaints: • 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...
Join the ADR Colloquium (free online event) on 11 October 2023 from 09:00 to 16:30, proudly hosted by the University of North West (Potchefstroom). Streaming link: MSTeams (Meeting ID: 316 792 325 868 Passcode: 6VXJDM) Streaming link: YouTube channel • 09:00 -09:20...
Topic for Lunch and Learn today is parental rights 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...
Join the Maintenance Colloquium (free online event) on 12 October 2023 from 09:00 to 15:30, proudly hosted by the University of North West (Potchefstroom). Streaming link: MSTeams https://teams.microsoft.com/l/meetup-join/19%3a982fccff0f8243748d0d9d4b3094ab9c%40thread.tacv2/1696835649395?context=%7b%22Tid%22%3a%22b14d86f1-83ba-4b13-a702-b5c0231b9337%22%2c%22Oid%22%3a%2200f35a0e-b063-48bf-ab28-36f0b623e7db%22%7d ALT TEAMS ROUTE: Meeting ID: 374 599 215 266 Passcode: BtAwYk Streaming link: YouTube channel ...
POSTPONED: In today's Lunch and Learn we address numerous matters of importance: • What is the prescribed procedure to ensure that parties and witness attend court to give evidence? • In terms of which section do you hold an enquiry in the Maintenance Court and...
SPECIAL EVENT: Adv Kamogelo Lekubu-Wilderson (Director Maintenance Services: DOJ) presents on developments in maintenance dispute resolution. Join this recorded event hosted by Social Justice Association of Mediators that was presented by Adv Kamogelo Lekubu-Wilderson (Director Maintenance Services: DOJ) at the annual SJCon23 conference in...
Discussion for Lunch and Learn: the opposing of an application for decrease where the respondent is in arrears: • When can an application for a decrease in maintenance be brought by the respondent? • What are the grounds that the court would consider for a...
Supporting Children, Sustaining Tomorrow: Securing A Future for Every Child Have you ever wondered about the environmental and social consequences of the failure or inadequate payment of child maintenance? Join us in combining Child Maintenance and Environmental Rights, where we unpack how child...
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...
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...
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...
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? •...
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...
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 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 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...
