Divorce and Family Law

 

 

Yes. A maintenance officer may request that a credit bureau record the defaulter's failure to comply with the Maintenance Order, which can negatively affect their credit rating.

No. An EAO can generally only be served on an employer. For self-employed individuals, the primary civil remedies would be a Warrant of Execution against property or an Attachment of Debt.

No. An EAO can generally only be served on an employer. For self-employed individuals, the primary civil remedies would be a Warrant of Execution against property or an Attachment of Debt.

While you can file a complaint yourself at the Maintenance Court, engaging an attorney is highly recommended, especially when facing deliberate evasion, complex financial structures, or when applying for the more intricate remedies like the attachment of pension funds or writs of execution.

Yes. In South Africa, the Pension Funds Act allows for the deduction of maintenance arrears from a defaulter’s pension or retirement fund, provided the correct court order is obtained.

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Enforcement of Maintenance Orders

Enforcing Your Maintenance Order - Swift and Decisive Action is Possible

When a court has mandated financial support, that obligation is not optional—it is a child's constitutional right. Failure to comply with a Maintenance Order is a serious matter, and in South Africa, it is legally deemed a criminal offence under the Maintenance Act 99 of 1998, potentially leading to fines, imprisonment, and a negative credit record.

At VDM Attorneys, we understand that non-payment creates immediate financial hardship for you and, more importantly, your children. We offer clear, results-driven legal services to swiftly enforce your existing Maintenance Order.

What is the Enforcement of a Maintenance Order? 

A Maintenance Order Enforcement is the legal process used to compel a defaulting party (the debtor) to comply with a binding court order for financial support.

What Happens When a Parent Defaults?

  • The legal system provides robust mechanisms to ensure the defaulter meets their obligation. If a court-ordered payment remains unpaid for 10 days, you have the right to apply to the Maintenance Court for various powerful enforcement remedies.

4 Key Legal Options for Enforcement

We advise and implement the following civil and criminal remedies on behalf of our clients:

1. Emoluments Attachment Order (EAO) / Garnishee Order (Section 28):
  • This is often the most effective civil remedy. We apply to the court for an order directing the defaulting parent's employer to deduct the outstanding and future maintenance amounts directly from their salary or wages and pay it to you. This ensures consistent, mandatory payment at the source.
2. Warrant of Execution (Section 27):
  • This empowers the court Sheriff to seize and sell the defaulting parent's movable property (like vehicles or furniture) or, if necessary, their immovable property to recover the maintenance arrears. This is a powerful remedy for those with assets but no fixed income.
3. Attachment of Debt (Section 30) & Pension Fund Attachment:
  • This remedy allows the court to intercept any money owed to the defaulter by a third party (a debtor). This can include funds in a bank account, rental income, or other payments due to them, redirecting that money to cover the maintenance. We also explore the possibility of deducting arrears from a defaulter's pension fund under the Pension Funds Act.
4. Criminal Prosecution (Section 31):
  • If the default is wilful—meaning the parent can pay but refuses to—we can assist in opening a criminal case. The defaulting parent will be summoned to court and, upon conviction, may face a fine or up to one year of imprisonment. This serves as a significant deterrent and forces compliance.

Why You Should Engage VDM Attorneys

The enforcement process is complex, often slow, and the non-compliance can be frustrating. You do not have to navigate this burden alone.

  • Specialised Experience: We have extensive experience in urgent and complex maintenance enforcement matters, understanding the nuances of the Maintenance Act and the court's practical procedures.
  • Swift, Results-Focused Action: We move quickly to secure the most effective remedy—often the EAO—to restore the flow of payments as soon as possible. Our focus is on results and recovery.
  • Comprehensive Tracing: We guide you on the necessary steps to trace and apply for orders against defaulters who deliberately change employment or residence to evade payment.
  • The Current Trend: The legal trend is towards the digitisation of records, immediate enforcement measures (like EAOs), and tougher criminal penalties to discourage default. We ensure your application leverages these current strictures for a decisive outcome.
  • Our Promise: We are committed to upholding your child's right to dignity and financial care. If you are struggling with non-payment, the courts take these obligations seriously—and so do we.

Need to Enforce Your Order? Don't Wait.

What should I bring to my first consultation?

  • The original Maintenance Order.
  • Your ID and the child's Birth Certificate.
  • A detailed, documented record of all missed payments (arrears), typically via bank statements.

Would you like to schedule an urgent consultation with one of our specialist maintenance lawyers to discuss the immediate enforcement of your Maintenance Order?

Contact VDM Attorneys today!