• 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
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.
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
• J107 form that needs to be completed for a variation (increase or decrease)
• Handout: How do I apply for a variation of the maintenance order (increase or decrease)
• Slides: How do I apply for a variation of the maintenance order (increase or decrease)
• Bundle of case law on “good cause”
• Extract from LexisNexis dealing with rescission, variation and suspension of maintenance orders
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.