• 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 the SA Law Reform Commission on what is considered the “means” of a party
• Explaining the joint income formula
• Discussing hidden assets and assets / income not declared by a party
• What happens if the father is a taxi driver or works for himself and does not declare his income?

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 
• 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

• Extract: Codified Instructions Code Family Court Maintenance 26 of 2015

• Step-by-step guide with comments on how to complete the J101 maintenance application form

• Blank J101 application form

• Case law: Bannatyne v Bannatyne and Another (CCT18/02) [2002] ZACC 31; 2003 (2) BCLR 111 ; 2003 (2) SA 363 (CC) (20 December 2002)

• Handout: How to calculate the parent’s contribution to maintenance

• Slides: How to calculate the parent’s contribution to maintenance

• Case law: VEDOVATO v VEDOVATO 1980 (1) SA 772 (T)

• Case law: LAMB v SACK 1974 (2) SA 670 (T)

• Case law: M v M (WCC) (unreported case no A11210, 22-2-2011) (Steyn J)

• Case law: KROON v KROON 1986 (4) SA 616 (E)

• Case law: PL v PL 2020 JDR 0339 (FB)

 

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.