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Question
Posted by: anon | 2010-02-18

Maintenance - Interest

HI

Can you ask for interest to be added to arrears maintenance?

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Our expert says:
Expert ImageFamily law expert

Section 12(2)(a) of the Maintenance Act stipulates that the court may make an order for the recovery of arrears and interest. The court may, on the application of the public prosecutor, order the recovery from the offender of the amount that he or she failed to pay plus interest thereon. The making of such an order is dependent, firstly on the conviction of the defaulter, and secondly on the application by the public prosecutor. The fact that the court may not automatically make this type of order places a restriction on its application. Thus the payment of interest on arrears is hardly ever ordered.

bertus@divorceattorney.co.za

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Our users say:
Posted by: Family law expert | 2010-02-19

Section 12(2)(a) of the Maintenance Act stipulates that the court may make an order for the recovery of arrears and interest. The court may, on the application of the public prosecutor, order the recovery from the offender of the amount that he or she failed to pay plus interest thereon. The making of such an order is dependent, firstly on the conviction of the defaulter, and secondly on the application by the public prosecutor. The fact that the court may not automatically make this type of order places a restriction on its application. Thus the payment of interest on arrears is hardly ever ordered.

bertus@divorceattorney.co.za

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