(LL08-2024) How to conduct a section 6 maintenance enquiry

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Streaming link: https://www.youtube.com/watch?v=hUCz-n3FrDc

This section contains pre-reading material that you should read through at your leisure before the webinar. Because of our limited 60 minute lunch hour time limit, we include some pre-reading material that contains background information on the topic(s) to be discussed. 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.

 

There is no pre-reading material for this 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. Should the presenters refer to additional recourses during their presentation, then these will be forwarded to all registered attendees after the broadcast.

 

General documents referred to:

•  Maintenance Act, Act 99 of 1989

•  FREE eBook: Everything you should know about child and spousal maintenance before applying

•  Blank J101 application form

 

Resource material for this webinar:

• Handout: How to conduct a section 6 enquiry at court

• Slides: How to conduct a section 6 enquiry at court

• Service Delivery Charter: DOJ

• DOJ Code 26/2015 (Codified Instructions Code Family Court Maintenance)

• Case law: Mthimunye v Minister of Justice and Constitutional Development 2014 JDR 1066 GP

• Explanation of Rights of Applicants and Respondents

• Paternity Confirmation Form

Below are a couple of questions to self-test your knowledge. You can complete the form below with your details and answer the questions and you will be sent the correct answers together with explanations within 3 minutes to your email address.

 

1. What is the primary purpose of a section 6 enquiry?
2. Who conducts the informal examination during a section 6 enquiry?
3. What is the significance of filing a founding affidavit for a section 6 enquiry?
4. Who is responsible for capturing and transferring documents in the maintenance process?
5. What role does the maintenance investigator play in a maintenance dispute?
6. What are the rights of parties involved in a maintenance dispute?
7. What is the potential consequence for failing to pay maintenance?
8. When may a maintenance court grant an interim maintenance order?
9. What is the consequence of failing to provide notice of a change in address or employment according to Section 16(4) of the Maintenance Act?
10. Which civil remedies can be used for enforcement if a person fails to comply with a maintenance order, according to Section 26(1) of the Maintenance Act?

If you have any enquiries / questions relating to this module or wish to make an appointment for a consultation (online or in person in Cape Town) with a specialist maintenance attorney, please send us an email using this form and one of our panel of attorneys will respond as soon as possible.