Maintenance

No Maintenance… What to know and do…

We have taken note that many people do not know their Rights when it comes to Maintenance.

 

What is Maintenance?

Simply put, maintenance normally comes in 2 main forms:

 

  • Spousal Maintenance

This is maintenance paid from a Spouse (normally a husband to a wife) or Ex-spouse as a result of a Divorce order.

  • Maintenance pertaining to a Minor Child

Every parent has the duty to support and maintain their minor child/children and therefore this is the maintenance that deals with the amount of money one parent must pay to the other to look after the minor/s.

 

Now that you know what Maintenance is, what do you do when someone doesn’t pay you or comply with the maintenance court order?

 

The options below are the main ones normally available to you:

 

  1. A warrant of execution issued against his/her movable/immovable property.

 

  1. An emoluments attachment order granted against his/her salary.

 

  1. A garnishee order granted against any amounts/debts owing to him/her.

 

  1. Having him/her arrested.

 

These sound very legal so let’s simplify them.

 

  1. Warrant of execution

A Warrant of execution is a document issued by the court that authorises a Sheriff to attach a person’s assets with the intention of having them sold on auction in an attempt to settle the debt owed by that person.

 

  1. Emoluments attachment order

An Emoluments attachment order is when the court grants an order instructing the debtor’s employer to deduct an amount from the debtor’s salary and to pay the amount to you directly.

 

  1. Garnishee order

A garnishee order is a court order that allows you to attach any monies owing to the debtor. An example of this would be if the debtor was renting out a property, you would be able to attach the rental being paid to the debtor to settle the outstanding amounts.

 

  1. Imprisonment

If you are not receiving the maintenance as required in terms of a court order the debtor may be arrested and convicted in terms of the Maintenance Act. This conviction may result in a twelve months prison sentence.

 

Therefore, should you find yourself trying to claim maintenance, or trying to get the maintenance paid that’s already due, or whether maintenance being claimed from you unfairly we urge you to contact an attorney to discuss the options available to you.

You’re welcome to contact us at Tuckers Incorporated on info@tuckers.co.za or 011 897 1900 should you require any further assistance.

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