• 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 an amount in arrears except as provided for in sections 26 and 31?
• May a Maintenance Court make an order that the arrear amount must be written off?
• Can a court make an order that maintenance be deducted from a pension fund or from the benefits in a provident fund?
• Brief discussion of orders by default and orders by consent
• How and when may an aggravated party appeal against an order made by the Maintenance Court?
• Discussion of the orders that can be appealed against and orders that are excluded from appeal
• Explanation of the process of appeal and the documents and time frames within which an appeal must be done

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: 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.

 

• Maintenance Act, Act 99 of 1989

• Regulations Maintenance Act 99/1989

• 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] 

 

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.