Here’s what you need to know about collecting child maintenance money
A question by a reader about child maintenance and why she has to wait long before receiving child maintenance money, prompted BONUS to make some enquiries as to what are the processes involved.
POLOKWANE – According to the reader, her maintenance cheque is paid to the court on the 25th of each month, and she can then only collect her money on the 14th of the consecutive month.
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The court can order maintenance money to be paid in the following ways:
• At the local magistrate’s office or any other government office designated for this purpose.
• Into the bank or building society account designated by the person concerned.
• Directly to the person who is entitled to the money, or
• By means of an order that directs the employer of the person who is liable for paying maintenance to deduct the maintenance payment directly from the employee’s salary, in accordance with the 1998 Maintenance Act.
Magdaleen de Klerk, attorney at DDKK Attorneys said this reader can obtain a variation order.
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“She has to contact a maintenance officer at the court and request a variation. “The maintenance court that has made an order in terms of Section 19 of the Act may, at the request of the maintenance officer, vary such an order by designating as the person, officer, organisation, institution or account to whom, to which or into which payment is to be made, any person, officer, organisation, institution or account at a financial institution or by determining any other matter in which payment is to be made; or if the maintenance court has made an order referred to in section 16(2) of the Act, set aside that order.”
Upon the variation or setting aside of an order as per Section 19, the maintenance officer shall, in the manner he or she deems fit, inform the person required to make a payment in terms of the maintenance order, the person in whose favour the maintenance order has been made and the person on whom a notice referred to in Section 16(3) (a) of the Act has been served, of the variation or setting aside of the order by a notice which shall substantially correspond with the required form J.
The maintenance officer shall keep record of the matter in which the notice referred to was submitted.
