(LL08-2023) How to conduct a section 6 maintenance enquiry

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

• We define the role of the maintenance officer
• What must a maintenance officer first establish when a maintenance complaint is received?
• Clarification and explanation of case law pertaining to section 6 enquiries, jurisdiction, defining “care” and “care-giver”
• An outline of how a section 6 enquiry is conducted
• Confirmation of paternity (and DNA tests) explained
• What are my rights when it comes to maintenance?
• Interim maintenance orders discussed and when to apply for an interim maintenance order
• Discussion of consent orders (J214)
• What happens it the respondent (father) does not show up at Maintenance Court on the day of the enquiry?
• What happens if the respondent (father) did not bring the required information on the day of the enquiry?
• Brief discussion of maintenance mediation (this will be dealt with extensively in a future webinar)
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: How to prepare for a section 6 maintenance enquiry 

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 to conduct a section 6 enquiry at court

• Slides: How to conduct a section 6 enquiry at court

• Service Delivery Charter: DOJ

• DOJ Code 26/2015 (Codified Instructions Code Family Court Maintenance)

• Case law: Mthimunye v Minister of Justice and Constitutional Development 2014 JDR 1066 GP

• Explanation of Rights of Applicants and Respondents

• Paternity Confirmation 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:
Submit assessment

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.