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Question
Posted by: tracey pinto | 2010-11-26

child support

My daughters father is in Ireland and he refuses to pay child support as i have a boyfriend.I have tried every channel and no one seems to be able to help me.My salary is not that good.

Please could you advise me on how to go about it.

Thank you

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Our expert says:
Expert ImageFamily law expert

An enquiry may be held under the Maintenance Act, 1998, in the absence of any person resident in a proclaimed country (Ireland) who may be legally liable to maintain any person in the Republic. Once the arrear maintenance has been established and confirmed by the Court the judgement may be enforced in the Ireland.

Bertus Preller
www.divorceattorney.co.za
info@divorceattorney.co.za

The information provided does not constitute a diagnosis of your condition. You should consult a medical practitioner or other appropriate health care professional for a physical exmanication, diagnosis and formal advice. Health24 and the expert accept no responsibility or liability for any damage or personal harm you may suffer resulting from making use of this content.

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Our users say:
Posted by: Bertus | 2010-12-04

Ireland is a proclaimed country. The Act makes provision for & #150 final and provisional orders.

PROVISIONAL ORDERS:
Enquiry with a view to make a provisional order.
An enquiry in terms of section 8 of the Reciprocal Enforcement of Maintenance Orders Act, 1963 (Act 80 of 1963) should be held under section 10 of the Maintenance Act, 1998 (Act 99 of 1998), in the absence of the person residing in a proclaimed country or territory who may be legally liable to maintain any person in the Republic.

The evidence of all witnesses at the enquiry should be read over, adhered to and signed by them.

WHAT IS A PROCLAIMED COUNTRY OR TERRITORY?

•  Some countries have special a arrangement with South Africa, so that maintenance orders granted in one country can beenforced in the order.
•  A country that belongs to this agreement is a proclaimed or
designated country.
•  It takes approximately 12 months for an order to be registered in proclaimed countries.

WHAT DOCUMENTATION MUST BE FORWARDED TO HEAD
OFFICE?

The following documentation are required in respect of the
proclaimed countries and territories:
a) Four certi& #148  ed copies of the provisional court order.
b) An a& #149  davit by the complainant or an o& #149  cer of the court as to
the amount of arrears due under the order.
c) The deposition a& #149  davit or evidence of the complainant.
d) Birth certi& #148  cate (s) of the child or children.
e) The marriage certi& #148  cate (if applicable).
f ) A photograph and description of the defendant.
g) The exhibits referred to in the complainants deposition,
a& #149  davit or evidence duly endorsed as prescribed above.
h) Three certi& #148  ed copies of the documents referred to in (b) and
(c) above and in the event of the High Court, four copies as
well as an additional copy of the order of court are required.
i) Physical residential and or working address of the defendant
in a proclaimed country.

Bertus Preller
Family Law Expert
Abrahams and Gross Inc.

Reply to Bertus
Posted by: tracey pinto | 2010-12-01

Who do i go and see about this as i have been to the courts.I have even sent emails to several places in Ireland for help and no one seems to want to help me....They keep on telling me because S.A has not signed some agreement they cant do anything.
My daughter is feeling it at the age of 7 years as she keeps on asking me why her dad hates her.....

Reply to tracey pinto
Posted by: tracey pinto | 2010-11-29

Thank you for your reply.

Who do i go and see and as i have been to the maintenance court and they tell me that they dont do Ireland as South Africa hasnt got an agreement with Ireland

Reply to tracey pinto
Posted by: family law expert | 2010-11-28

An enquiry may be held under the Maintenance Act, 1998, in the absence of any person resident in a proclaimed country (Ireland) who may be legally liable to maintain any person in the Republic. Once the arrear maintenance has been established and confirmed by the Court the judgement may be enforced in the Ireland.

Bertus Preller
www.divorceattorney.co.za
info@divorceattorney.co.za

Reply to family law expert

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