Contribute or pay...part 1


In the previous article we discussed obtaining a maintenance order for your minor children.

In this article we will be discussing enforcement of that maintenance order made against a defaulting parent.


After fighting a battle in the maintenance court, you successfully obtained a maintenance order against your ex-spouse/partner. After one year of making consistent payment in terms of the court order, your ex-spouse/partner has now stopped paying.

Here is what you need to know…

In the event that there is already a court order in place and the parent has defaulted on payments in terms of the court order, you have the option of approaching the court for enforcement of the court order by either, to name a few:

  1. Applying to the same court for the issuing of a warrant of execution for the attachment of the defaulting parent’s movable assets; alternatively
  2. Applying to the same court for an order attaching the defaulting parent’s salary; alternatively
  3. Having the defaulting parent arrested for non-payment of the maintenance for the minor children.

It must be stressed however that a parent cannot refuse the defaulting parent to exercise contact with the minor child due to non-payment of maintenance contributions by the defaulting parent.

On the other hand, there are various options available to yourself should you be unable to contribute towards maintenance of your minor children due to a change in your circumstances.

Should you require any assistance from our Family Law department, or any other department you are welcome to contact us on 011 897 1900, 076 777 1920 or


Article contributed by Elizma de Scally of Tuckers attorneys.