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Question
Posted by: Annie | 2010/02/02

Divorce decree conversion

Hi, i have been advised to convert my divorce decree(high court) that has 4500 of maintenance to warrant of arrest at local magistrate court since ex hubby has only being paying 500 towards maintenance and im struggling financially to maintan our lol, how does it work? wil he immediately be liable to pay 4500 and what about the arears of 32000, how soon can they make it a garnish to his employer?

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Our expert says:
Expert ImageFamily law expert

You can lay a criminal complaint in terms of Section 31 of the Maintenance Act 99 of 1998.

If the maintenance is payable in terms of an order of Court (whether the Maintenance Court or High Court) section 31 of the Act makes the failure to pay maintenance an offence and the person who fails to make payment, can be held liable on conviction to a fine or to imprisonment for a period notexceeding 1 year or to such imprisonment without the option of a fine.

n terms of Section 24 & 26 of the Maintenance Act the complainant may issue a Warrant of Execution for the amount in arrears, together with interest thereon. Where a defaulter fails to make any particular payment in accordance with the order, the order is enforceable in respect of the arrear amount by execution. If the payment has remained unsatisfied for a period of 10 days from the day on which the relevant amount became payable or any such order was made, as the case may be, the person in whose favour any such order was made may apply to the Maintenance Court where that person is resident for:

1. The issue of a Warrant of execution;

2. An order for the attachment of emoluments;

3. An orderfor the attachment of any debt.

As soon as the court have made the order the garnishee order can be pursued against the salary of the non-paying parent.

Bertus Preller
www.divorceattorney.co.za
bertus@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: Family law expert | 2010/02/02

You can lay a criminal complaint in terms of Section 31 of the Maintenance Act 99 of 1998.

If the maintenance is payable in terms of an order of Court (whether the Maintenance Court or High Court) section 31 of the Act makes the failure to pay maintenance an offence and the person who fails to make payment, can be held liable on conviction to a fine or to imprisonment for a period notexceeding 1 year or to such imprisonment without the option of a fine.

n terms of Section 24 & 26 of the Maintenance Act the complainant may issue a Warrant of Execution for the amount in arrears, together with interest thereon. Where a defaulter fails to make any particular payment in accordance with the order, the order is enforceable in respect of the arrear amount by execution. If the payment has remained unsatisfied for a period of 10 days from the day on which the relevant amount became payable or any such order was made, as the case may be, the person in whose favour any such order was made may apply to the Maintenance Court where that person is resident for:

1. The issue of a Warrant of execution;

2. An order for the attachment of emoluments;

3. An orderfor the attachment of any debt.

As soon as the court have made the order the garnishee order can be pursued against the salary of the non-paying parent.

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

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