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The law and maintenance defaulters

When an innocent child is concerned, both parties should always, although easier said than done, put their pride in their pocket

According to the latest transmitted National Credit Amendment Act; ex-partners who default on child maintenance can have credit judgements listed against them.

This will lessen one’s credit score rating and have an extremely adversarial bearing on one’s credit worthiness. Credit reports will not only reflect judgements but also defaults on payments. Remember if one fails to pay maintenance as dictated by the courts, it in effect becomes a criminal offence.

The defaulting parent could also be fined or even imprisoned for up to a year or both for failure to comply with the issued maintenance order. The steps the burdened parent can take to report failure to pay to they can lodge a formal complaint at the maintenance courts whereby a maintenance official can investigate further.

If it’s determined there are grounds indeed for recourse, the defaulting parent will be formally requested to appear in court and once the evidence is heard, a garnishee order could be issued whereby the defaulting spouse’s salary is deducted, or other courses of actions deemed fit by the courts.

This is not only an emotionally taxing situation for both parents and the child, but also has a negative financial impact on the primary parent raising the child. The child could be deprived of essentials as a result and this could also lead to other psychologically damaging effects.

When an innocent child is concerned, both parties should always, although easier said than done, put their pride in their pocket and be accountable in ensuring their part of the agreement is honoured. It’s the legal thing to do and not to mention ethical.

At Caxton, every story is written by humans. We use AI only to perform quality checks - never to generate the news. Happy reading!

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Sihle Ntenjwa

A journalist at Caxton Local Media, contributing to Estcourt and Midlands News. Passionate and dedicated to his craft, Sihle has quickly made a name for himself since arriving in Estcourt in late 2023. His commitment to storytelling and community journalism has earned him recognition for keeping readers informed with compelling and accurate local news

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