A while back (see our list of previous discussions on our website, in this regard), we had a discussion about whether maintenance due in terms of a Court order can prescribe. You will remember that the answer was, “yes, but only after 30 years”. How do one now enforce a maintenance order?
Firstly, it is important to note that this discussion only deals with matters where a Maintenance Order has already been granted, in terms whereof one party is directed to make monthly payments to the other party, for and on behalf of their minor child/children and/or for and on behalf of the other party’s personal maintenance. Therefore, if you are a single parent, with a minor child or children, please remember that obtaining a maintenance order for and on behalf of the minor child/ children and/or yourself, will always be your first step.
Once you have your Maintenance Order, and the other parent/party is not making payments in terms of this Order, you can now enforce this Maintenance Order. Section 27 of the Maintenance Act makes provisions for various Applications one can make to Court, to ensure monthly payment of maintenance, or to collect maintenance that has not been paid. The first of such Applications is to apply for a warrant of execution against the defaulting party’s movable property, to recover any arrear maintenance. The Second Application one can bring, is to apply for an Emolument Attachment Order, which, in short, refers to an Application where you can apply for an order that all future monthly maintenance payable, may now be deducted from the defaulting party’s salary and paid directly to the Applicant by the defaulting party’s Employer.
In order to be successful with any of these two Applications, one will have to prove the following:
The existence of a valid maintenance order; and
The maintenance order must be made against the person, against who you are now bringing the application; and
The monthly maintenance payments must be in arrears, for a period of 10 days, or longer.
The Maintenance Court is set up in a way that makes it accessible for single parents to directly approach the Maintenance Court, without the assistance of an attorney. It is therefore important to know your rights. If you do require assistance or further advice, please do not hesitate to contact us.
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