(LL13-2023) How is a maintenance order enforced when the respondent is in arrears?

MODULE

Pre-reading material

Video presentation

Training manual

Online assessment

TIME

Reading (15 minutes)

Video (45 minutes)

Online assessment (15 minutes)

ASSESSMENT

Online (15 minutes)

Multiple choice

Written assessment

AVAILABILITY

On demand

24/7 availability

Email support

Virtual training

• Overview of remedies and what you could ask for if the respondent is in arrears
• Brief discussion on warrants of execution (this will be dealt with extensively in a future webinar)
• Brief explanation of attachment orders (this will be dealt with extensively in a future webinar)
• Brief discussion on emoluments attachment (“garnishee”) orders (this will be dealt with extensively in a future webinar)
• Discussion of sequestrations
• Short explanation of how criminal proceedings work (this will be dealt with extensively in a future webinar)
• When is a person considered to be in default / arrears?
• Discussion on the process to report arrear maintenance
• Valid defense for arrear maintenance
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.

 

None

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: How is a maintenance order enforced when the respondent is in arrears?

Slides: How is a maintenance order enforced when the respondent is in arrears?

Extract of civil and criminal remedies in enforcement of arrears

J306 Form

 

(LL03-2023) How to complete the J101 maintenance application form

Your first name:
Your last name (surname):
Your email address:
Your job title:
In which your do you operate?
The Maintenance Act is the most important instrument of enforcement of maintenance in South African law.
Which section of the Constitution protects the right of children?
Where could complaints obtain the J101 form?
Give your understanding of what paragraph 15 of the DOJ Codified instructions, code family courts –maintenance 26/2015 means:
What happens if the complainant does not have the details (work or home address) of the other parent?
If the children lives with a caregiver (such as a grandparent) can they claim maintenance?
I am asked how much (amount) the claimant can get for maintenance. How would you answer?
Can a complainant claim winter / summer / Christmas clothes as part of the maintenance order?
How is the expenses split between the parent and the children? Which approach is followed in Courts?
Name 3 difficulties that complainants encounter when completing the J101 form:

Introductory training video

Maintenance officer specific training video

If your have any enquiries / questions relating to this module, please send us an email using this form and one of our panel of attorneys will respond within 24 hours.