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(LL18-2024) What types of orders can the court make and how and what orders can be appealed?

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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.

 

Pre-reading material: What types of orders can the court make and how and what orders can be appealed?

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

 

Resource material for this webinar:

• Handout: What types of orders can the court make and how and what orders can be appealed?

• Slides: What types of orders can the court make and how and what orders can be appealed?

 

All prescribed maintenance forms:

  • Form A [J101] – Application for Maintenance Order 
  • Form B [J107] – Substitution or Discharge of existing Maintenance Order 
  • Form G [J214] – Consent and Maintenance Order in terms of section 17 read with Section 16 of the Maintenance Act, 1998 [Regulation 6] 
  • Form I [J256] – Application for Variation/Setting Aside of an Order by Default in terms of Section 19 (4) of the Maintenance Act, 1998 [Regulation 6] 
  • Form K [J306] – Application for Enforcement of Maintenance or other Order in terms of Section 26 of the Maintenance Act, 1998 [Regulation 6] 
  • Form M [J435] – Application for Setting Aside of a warrant of Execution in terms of section 27(3) of the Maintenance Act, 1998 [Regulation 6] 
  • Form N [J438] – Application for Suspension, Amendment or Rescission of an Order for the attachment of Emoluments in terms of Section 28(2) of the Maintenance Act, 1998 [Regulation 6] 
  • Form P [J458] – Application for Suspension, Amendment or Rescission of an Order for the attachment of Debts in terms of Section 30(2) of the Maintenance Act, 1998 [Regulation 6] 
  • Form Q [J470] – Complaint of Failure to Comply with a Maintenance Order for purposes of Section 31(1) of the Maintenance Act, 1998 [Regulation 6] 

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.

 

Unfortunately, no online quiz for this webinar today

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.

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.