• The legislation that deals with child maintenance (short overview)
• The common law of duty of support and who needs to support
• The different forms of maintenance (child maintenance of minor children, major children and spousal maintenance)
• The requirements for the existence of duty of support of children
• Who can be described as a “child”?
• Claiming maintenance from parents, grandparents, brothers & sisters, uncles & aunties, step-parents)
• The need for maintenance and the means to pay maintenance
• Short overview of the maintenance application procedure (this will be discussed in depth in future webinars)
• General information that you need to know before you claim maintenance
• The common law of duty of support and who needs to support
• The different forms of maintenance (child maintenance of minor children, major children and spousal maintenance)
• The requirements for the existence of duty of support of children
• Who can be described as a “child”?
• Claiming maintenance from parents, grandparents, brothers & sisters, uncles & aunties, step-parents)
• The need for maintenance and the means to pay maintenance
• Short overview of the maintenance application procedure (this will be discussed in depth in future webinars)
• General information that you need to know before you claim maintenance
Follow this link to gain full access to the complete detailed module prescribed for maintenance officers and support staff:
MODULE 2: HOW TO GET ALL YOUR DOCUMENTS READY TO APPLY FOR MAINTENANCE
• What documents are needed to submit an application for maintenance
• What happens if I do not have all the documents requested?
• Where do I get the J101 application form?
• What is meant by proof of my expenses and income?
• Which court do I need to go to lodge my application for maintenance?
• What happens if I do not have the details (work or home address) of the other parent?
• How can I trace the other parent if I do not know where he lives or work?
• What if I am not 100% sure if the person I am claiming maintenance from is the real father of the child?
• What if I have children from different fathers?
• What happens if I do not have all the documents requested?
• Where do I get the J101 application form?
• What is meant by proof of my expenses and income?
• Which court do I need to go to lodge my application for maintenance?
• What happens if I do not have the details (work or home address) of the other parent?
• How can I trace the other parent if I do not know where he lives or work?
• What if I am not 100% sure if the person I am claiming maintenance from is the real father of the child?
• What if I have children from different fathers?
Follow this link to gain full access to the complete detailed module prescribed for maintenance officers and support staff:
MODULE 3: HOW TO COMPLETE THE J101 MAINTENANCE APPLICATION FORM
• Where do I get the form that I need to complete?
• Will someone at the Maintenance Court be able to explain the form to me or assist me in completing the form?
• What if I do not know the details of the other parent?
• How do I complete the section that alleges that the other person is legally liable to maintain the child?
• What if the children live with a caregiver (such as a grandparent) and I want to claim maintenance?
• I do not have a court order and the father seldom contributes to the children – what is the legal position.
• I am asked how much I want for maintenance – how do I calculate the amounts?
• Can I claim winter / summer / Christmas clothes as part of the maintenance order?
• How to complete the section that deals with your assets.
• Detailed explanation of what to fill in as your income.
• How the expenses should be worked out and calculated.
• How do I split the expenses between myself and the children? (Short discussion as this will be dealt with in a future webinar)
• Will someone at the Maintenance Court be able to explain the form to me or assist me in completing the form?
• What if I do not know the details of the other parent?
• How do I complete the section that alleges that the other person is legally liable to maintain the child?
• What if the children live with a caregiver (such as a grandparent) and I want to claim maintenance?
• I do not have a court order and the father seldom contributes to the children – what is the legal position.
• I am asked how much I want for maintenance – how do I calculate the amounts?
• Can I claim winter / summer / Christmas clothes as part of the maintenance order?
• How to complete the section that deals with your assets.
• Detailed explanation of what to fill in as your income.
• How the expenses should be worked out and calculated.
• How do I split the expenses between myself and the children? (Short discussion as this will be dealt with in a future webinar)
Follow this link to gain full access to the complete detailed module prescribed for maintenance officers and support staff:
MODULE 4: HOW TO CALCULATE THE CHILD’S EXPENSES ON THE FORMS
• The statutory duty in terms of section 15(3)
• Recommendations of the SA Law Reform Commission on how the child’s expenses should be dealt with
• The concept of a “fair” amount when it comes to expenses for children
• Discussion of case law that deals with the calculation of the child’s expenses
• How to divide the monthly expenses between yourself and the child(ren) – different models
• Discussion on grocery expenditures, common household expenditure, educational expenditure, medical expenses and other necessary expenses
• Tips on expenses that are often forgotten when working out the children’s expenses
• Practical tips
• Recommendations of the SA Law Reform Commission on how the child’s expenses should be dealt with
• The concept of a “fair” amount when it comes to expenses for children
• Discussion of case law that deals with the calculation of the child’s expenses
• How to divide the monthly expenses between yourself and the child(ren) – different models
• Discussion on grocery expenditures, common household expenditure, educational expenditure, medical expenses and other necessary expenses
• Tips on expenses that are often forgotten when working out the children’s expenses
• Practical tips
Follow this link to gain full access to the complete detailed module prescribed for maintenance officers and support staff:
MODULE 5: HOW TO CALCULATE THE PARENT’S CONTRIBUTION IN MAINTENANCE MATTERS
• Discussion of the legal provision of section 15(3)(a)(ii) and 15(b)
• Discussing the term “respective means” and what does it mean
• Explaining the case law that deals with the parent’s portion
• Recommendations by the SA Law Reform Commission on what is considered the “means” of a party
• Explaining the joint income formula
• Discussing hidden assets and assets / income not declared by a party
• What happens if the father is a taxi driver or works for himself and does not declare his income?
• Discussing the term “respective means” and what does it mean
• Explaining the case law that deals with the parent’s portion
• Recommendations by the SA Law Reform Commission on what is considered the “means” of a party
• Explaining the joint income formula
• Discussing hidden assets and assets / income not declared by a party
• What happens if the father is a taxi driver or works for himself and does not declare his income?
Follow this link to gain full access to the complete detailed module prescribed for maintenance officers and support staff:
MODULE 6: HOW TO SUBMIT YOUR COMPLETED MAINTENANCE APPLICATION TO COURT
• Everything you need to take to court to fast-track your maintenance application
• Submission of an additional founding affidavit in support your maintenance application form
• In what order should all documents be submitted?
• Practical tips and common problems when submitting your maintenance application form to court
• What will happen next if I submit my application form and documents to Maintenance Court?
• Submission of an additional founding affidavit in support your maintenance application form
• In what order should all documents be submitted?
• Practical tips and common problems when submitting your maintenance application form to court
• What will happen next if I submit my application form and documents to Maintenance Court?
Follow this link to gain full access to the complete detailed module prescribed for maintenance officers and support staff:
MODULE 7: HOW TO PREPARE FOR A SECTION 6 MAINTENANCE ENQUIRY
• Explanation of what a section 6 enquiry is and what to expect on the day of the enquiry
• Practical tips on how to prepare for the section 6 enquiry
• What is the role of the maintenance officer and maintenance clerk?
• What assistance will the maintenance investigator give to a maintenance applicant?
• Overview of a section 6 enquiry and what types of questions you could be asked
• Practical tips on how to prepare for the section 6 enquiry
• What is the role of the maintenance officer and maintenance clerk?
• What assistance will the maintenance investigator give to a maintenance applicant?
• Overview of a section 6 enquiry and what types of questions you could be asked
Follow this link to gain full access to the complete detailed module prescribed for maintenance officers and support staff:
MODULE 8: HOW TO CONDUCT AN INFORMAL SECTION 6 MAINTENANCE ENQUIRY
• 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)
• 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)
Follow this link to gain full access to the complete detailed module prescribed for maintenance officers and support staff:
MODULE 9: HOW AND WHEN TO REFER A MAINTENANCE ENQUIRY TO COURT (§10)
• What is a section 10 enquiry?
• What is the procedure and when a maintenance enquiry is referred to Maintenance Court?
• Discussion of the discretion and wording of the Act when it comes to referrals to Court
• The process of a formal section 10 enquiry done in Court
• Duties of the maintenance officer when referring the matter to court
• Recommendation of the maintenance officer
• Creating a court bundle of documented evidence for submission to Court
• Discussion of the section 9 summons to formally appear in court and what happens if the respondent does not appear
• What is the procedure and when a maintenance enquiry is referred to Maintenance Court?
• Discussion of the discretion and wording of the Act when it comes to referrals to Court
• The process of a formal section 10 enquiry done in Court
• Duties of the maintenance officer when referring the matter to court
• Recommendation of the maintenance officer
• Creating a court bundle of documented evidence for submission to Court
• Discussion of the section 9 summons to formally appear in court and what happens if the respondent does not appear
Follow this link to gain full access to the complete detailed module prescribed for maintenance officers and support staff:
MODULE 10: HOW TO INTERPRET DOCUMENTS PRESENTED DURING A SECTION 6 OR 10 ENQUIRY
• In depth explanation on how to interpret documents submitted by the respondent such as: salary slips, bank statements, financial statements, assets or other sources of income
• Detailed explanation how to interpret and investigate the expenses alleged by the respondent during enquiries
• Tips of which types of questions should be asked
• Completion of a FDF (Financial Disclosure Form) and what does it entail
• Tips of common ways that respondents hide income and assets
• Recourses available when you know that the respondent is lying about his income or assets
• Practical tips
• Detailed explanation how to interpret and investigate the expenses alleged by the respondent during enquiries
• Tips of which types of questions should be asked
• Completion of a FDF (Financial Disclosure Form) and what does it entail
• Tips of common ways that respondents hide income and assets
• Recourses available when you know that the respondent is lying about his income or assets
• Practical tips
Follow this link to gain full access to the complete detailed module prescribed for maintenance officers and support staff:
MODULE 11: HOW DOES FUTURE MAINTENANCE WORK
• What is future maintenance?
• When can future maintenance be claimed?
• Case law on where maintenance defaulters have the intention to defeating a maintenance order by spending money that is due to them in terms of a pension payout
• Discussion of the Soller v Magistrate Wynberg 2006 case in detail
• Explanation of the process to claim future maintenance (Notice of Motion with supporting affidavits)
• Drafting all court documents to claim future maintenance discussed
• When can future maintenance be claimed?
• Case law on where maintenance defaulters have the intention to defeating a maintenance order by spending money that is due to them in terms of a pension payout
• Discussion of the Soller v Magistrate Wynberg 2006 case in detail
• Explanation of the process to claim future maintenance (Notice of Motion with supporting affidavits)
• Drafting all court documents to claim future maintenance discussed
Follow this link to gain full access to the complete detailed module prescribed for maintenance officers and support staff:
MODULE 12: HOW DOES SPOUSAL MAINTENANCE WORK
• Post divorce support of spouses and partners of civil unions
• Factors that the court take into consideration in ordering spousal maintenance
• Discussion of the earning capacities of the parties
• Defining the “clean break” principle applied by the Courts
• What and why is token maintenance awarded
• “Dum casta” clause found in many agreements
• Do subsequent marriages have an influence on spousal maintenance?
• Explaining when and how to apply for spousal maintenance
• Factors that the court take into consideration in ordering spousal maintenance
• Discussion of the earning capacities of the parties
• Defining the “clean break” principle applied by the Courts
• What and why is token maintenance awarded
• “Dum casta” clause found in many agreements
• Do subsequent marriages have an influence on spousal maintenance?
• Explaining when and how to apply for spousal maintenance
Follow this link to gain full access to the complete detailed module prescribed for maintenance officers and support staff:
MODULE 13: HOW IS A MAINTENANCE ORDER ENFORCED WHEN THE RESPONDENT IS IN ARREARS?
• 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
• 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
Follow this link to gain full access to the complete detailed module prescribed for maintenance officers and support staff:
MODULE 14: HOW TO APPLY FOR AN EMOLUMENTS ATTACHMENT ORDER? (“GARNISH”)
• Discussion of section 28
• Explanation of what an emoluments attachment order is and how it works
• When can you apply for an emoluments attachment order and what documents needs to be completed?
• How is an emoluments attachment order enforced?
• Can the employer refuse to deduct money from the respondent’s salary / wage?
• Remedies in case of failure of the employer to deduct
• Discussion of prescribed form and the application procedure
• Explanation of what an emoluments attachment order is and how it works
• When can you apply for an emoluments attachment order and what documents needs to be completed?
• How is an emoluments attachment order enforced?
• Can the employer refuse to deduct money from the respondent’s salary / wage?
• Remedies in case of failure of the employer to deduct
• Discussion of prescribed form and the application procedure
Follow this link to gain full access to the complete detailed module prescribed for maintenance officers and support staff:
MODULE 15: HOW TO APPLY FOR A WARRANT OF EXECUTION AND ATTACHMENT ORDERS
• What is an attachments order?
• What can be attached?
• Detailed discussion of section 30 and the procedure how to apply for an attachment order
• Reference to case law pertaining to attachments
• Explanation of the procedure to be followed to obtain an attachment order
• Discussion of suspension, amendment and rescindment of attachment orders
• What can be attached?
• Detailed discussion of section 30 and the procedure how to apply for an attachment order
• Reference to case law pertaining to attachments
• Explanation of the procedure to be followed to obtain an attachment order
• Discussion of suspension, amendment and rescindment of attachment orders
• How and when can a warrant of execution be granted
• Discussion of the legislation and case law
• What items may be judicially attached to secure payment of arrear maintenance and what items are excluded?
• What happens if the respondent owns nothing?
• Explanation of the procedure of issuing a warrant of execution and what it means
• Assistance by the State in paying the costs of a warrant of execution
• General tips and advice on warrants of execution to fast-track your maintenance matter
Follow this link to gain full access to the complete detailed module prescribed for maintenance officers and support staff:
MODULE 16: HOW TO APPLY FOR A VARIATION OF MAINTENANCE ORDER (INCREASE OR DECREASE)
• Discussion (with reference to case law) on when you may request the Court for an increase
• Explanation of the term, “good cause”, as a requirement for variation of an order
• Documents needed for a variation
• Completion of the J107 application form for variation (either increase or decrease)
• Detailing the process that needs to be followed for a variation
• Discussion of the effect if an order is substituted by a new order (section 22)
• Can a Maintenance Court override a High Court order when it comes to maintenance?
• Brief discussion about the increase or decrease of a spousal maintenance order made by a Divorce Court
• Explanation of the term, “good cause”, as a requirement for variation of an order
• Documents needed for a variation
• Completion of the J107 application form for variation (either increase or decrease)
• Detailing the process that needs to be followed for a variation
• Discussion of the effect if an order is substituted by a new order (section 22)
• Can a Maintenance Court override a High Court order when it comes to maintenance?
• Brief discussion about the increase or decrease of a spousal maintenance order made by a Divorce Court
Follow this link to gain full access to the complete detailed module prescribed for maintenance officers and support staff:
MODULE 17: HOW TO DEAL WITH PATERNITY DISPUTES (DNA) IN MAINTENANCE RELATED MATTERS?
• Discussion of the position of paternity (DNA) tests
• Case law and provisions of the Children’s Act that deals with paternity
• Understanding how blood tests (DNA tests) work
• Costs involved in paternity tests
• Discussion of respondents using DNA tests as a means to delay maintenance payments
• Can Maintenance Courts force the respondent to go for paternity tests?
• What if the respondent refuses to go for DNA testing?
• Can DNA tests be manipulated or changed by drinking muthi?
• Case law and provisions of the Children’s Act that deals with paternity
• Understanding how blood tests (DNA tests) work
• Costs involved in paternity tests
• Discussion of respondents using DNA tests as a means to delay maintenance payments
• Can Maintenance Courts force the respondent to go for paternity tests?
• What if the respondent refuses to go for DNA testing?
• Can DNA tests be manipulated or changed by drinking muthi?
Follow this link to gain full access to the complete detailed module prescribed for maintenance officers and support staff:
MODULE 18: WHAT TYPES OF ORDERS CAN THE COURT MAKE AND HOW AND WHAT ORDERS CAN BE APPEALED?
• 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
• 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
Follow this link to gain full access to the complete detailed module prescribed for maintenance officers and support staff:
MODULE 19: HOW DOES CRIMINAL PROSECUTIONS WORK IN MAINTENANCE CASES?
• A criminal offence if a person fails to comply with a maintenance order? Discussion of section 31
• Case law on sentencing of maintenance defaulters
• Is there any defense against a criminal charge for non-compliance with a court order?
• Explanation of the elements of an offence that the State needs to prove
• How will the State establish the element of a guilty mind of an accused by not paying maintenance?
• How do a lay a criminal charge if the respondent fails to pay maintenance / are in arrears with maintenance
• Discussion of section 305 of the Children’s Act
• Conversions of a criminal trail into a maintenance enquiry – when does this happen and why?
• General discussion on the criminalization of maintenance defaulters
• J165 and J50 warrants of arrest – detailed explanation
• Case law on sentencing of maintenance defaulters
• Is there any defense against a criminal charge for non-compliance with a court order?
• Explanation of the elements of an offence that the State needs to prove
• How will the State establish the element of a guilty mind of an accused by not paying maintenance?
• How do a lay a criminal charge if the respondent fails to pay maintenance / are in arrears with maintenance
• Discussion of section 305 of the Children’s Act
• Conversions of a criminal trail into a maintenance enquiry – when does this happen and why?
• General discussion on the criminalization of maintenance defaulters
• J165 and J50 warrants of arrest – detailed explanation
Follow this link to gain full access to the complete detailed module prescribed for maintenance officers and support staff:
MODULE 20: HOW TO CONDUCT A MEDIATION IN MAINTENANCE ENQUIRIES?
• Discussion of current legislation and the recommendations of the SA Law Reform Commission regarding mediation
• What gets mediated in a maintenance matter?
• Discussion of a typical mediation process and that to expect
• Explanation of possible desired outcomes of mediation
• Negotiation process used in maintenance mediation
• General family law mediation discussion with an emphasis on new maintenance applications, defaulting or arrear respondents mediation and the intersection with domestic violence
• Discussion on the qualification of private mediators and maintenance officers
• Benefits of mediating maintenance matters vs litigation
• What gets mediated in a maintenance matter?
• Discussion of a typical mediation process and that to expect
• Explanation of possible desired outcomes of mediation
• Negotiation process used in maintenance mediation
• General family law mediation discussion with an emphasis on new maintenance applications, defaulting or arrear respondents mediation and the intersection with domestic violence
• Discussion on the qualification of private mediators and maintenance officers
• Benefits of mediating maintenance matters vs litigation
Follow this link to gain full access to the complete detailed module prescribed for maintenance officers and support staff:
MODULE 21: HOW TO DEAL WITH PARENTAL ALIENATION (LEGAL PERSPECTIVE DISCUSSION)
• Exploring the possible definitions of parental alienation
• Understanding the types, stages and intensity of parental alienation
• Discussion of case law on parental alienation
• Misconceptions about parental alienation
• Understanding behaviours of the alienated child, alienating parent and the rejected parent on context
• Navigating parental alienation in maintenance matters
• Understanding the types, stages and intensity of parental alienation
• Discussion of case law on parental alienation
• Misconceptions about parental alienation
• Understanding behaviours of the alienated child, alienating parent and the rejected parent on context
• Navigating parental alienation in maintenance matters
Follow this link to gain full access to the complete detailed module prescribed for maintenance officers and support staff:
MUDULE 22: SUBSISTENCE & TRAVEL ALLOWANCE, JURISDICTION AND INTER-PROVINCE APPLICATIONS
• Subsistence & travel allowance for applicants travelling to Court and having to take of work (discussion of section 11(1))
• Will the Court pay the travel fees of the respondent or myself to come to court?
• Discussion on how to establish jurisdiction of which court should be used for a maintenance application, increase- or a decrease application
• Explanation, with practical examples, on how to conduct a maintenance enquiry where the respondent is living or working in another province
• Will the Court pay the travel fees of the respondent or myself to come to court?
• Discussion on how to establish jurisdiction of which court should be used for a maintenance application, increase- or a decrease application
• Explanation, with practical examples, on how to conduct a maintenance enquiry where the respondent is living or working in another province
Follow this link to gain full access to the complete detailed module prescribed for maintenance officers and support staff: