Beating the maintenance mammoth

MOST divorced couples experience the end of a failed marriage as the beginning of a full scale war between ex-spouses about maintenance.

If ever there has been a catalyst for bitter fights, suffering, endless pain and a tug-o’-war involving the children, it is the financial hardship following the breaking up of a single family unit.

But, a mother who went through the pain of raising three children while coping with maintenance payments that came late, or not at all, says: ‘Don’t be discouraged and stay away because you are afraid of court, the long wait or not having all your documentation.

‘Push through the channels and bring what you have so the maintenance officials can assist you.

‘Where there is a will there is a way.’

According to law, both parents are financially responsible for the costs of food, clothing, accommodation, medical care and education.

If one parent does not help, or the support is not consistent, or an ex-spouse is not adhering to the divorce agreement, the only option is Maintenance Court.

Although the wheels of justice are sometimes notoriously slow, they do turn eventually, which is a lot better than not at all, and the Maintenance Act is comprehensive.

At court

The maintenance officer will open a file with a number, check all the documentation you have and set plans in place to obtain outstanding documents.

He or she will set a court date and issue a subpoena, which means the other person must appear before court or risk being arrested.

You don’t need the services of a lawyer, although you can have one, as the maintenance prosecutor will lead your evidence and guide you through procedure.

After the matter has been heard fully, the court will grant an order detailing the amount payable for the children.

Payment

Payment can only be made once a court order has been issued.

The money can be deposited directly into your bank account or deducted from the salary of the person by garnishee order.

Bank payment is convenient because you don’t have to travel, take time off work or wait in long queues to collect the money in court.

Responsibility of the parent making payments

The paying party must pay every month or according to the court order and include the reference number with payment.

Proof of payment must be faxed to the court when paying directly into the bank account of the court.

It is a criminal offence for a party to a maintenance order not to notify the court of a change of employment or place of residence