IT is January and time to kit out the children with new school clothes, bags, stationary, shoes, text books and off course, settle the school fees.
While most families struggle during this long, expensive month, single parents say it is a nightmare – especially when the other parent ducks and dives maintenance payments.
A young mother of two, says all efforts to settle the maintenance dispute between herself and the father amicably, have failed and she has no choice but to take time from work to join the long queues at maintenance court.
According to law, both parents are equally responsible for the costs of food, clothing, accommodation, medical care and education.
If one parent refuses to pull his/her weight, the only option is maintenance court.
Employers are not always understanding, so to avoid a return trip, be armed with all the documentation you are going to need.
At court
The maintenance officer will open a file with a number, check documentation and set plans in place to obtain outstanding documentation.
The officer will set a court date and issue a subpoena to the other parent, who must appear before court or risk arrest.
You don’t need a lawyer, although you can have one, but the maintenance prosecutor will lead your evidence and guide you through procedure.
After the hearing, the court will order the amount payable for the children.
Payment
Payment can be deposited directly into your bank account or deducted from the salary of the parent by garnishee order.
Bank payment is convenient to avoid travelling, taking time off work and long queues at court.
The paying party must pay every month or according 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 change of employment or place of residence.
In a box
What documents will the maintenance officer need?
Your Identity Document, contact numbers and address
Child’s/children’s birth certificates
Bank statement if you have a bank account
List of expenses describing the children’s needs
Documents such as water and electricity bill, grocery receipt, clothing accounts and medical records
Own salary advice
Divorce agreement (in case of a divorce)
The ID number of the person you wish to claim maintenance from
His/her contact numbers and address
Name and address of his/her employer
If the person you are claiming from is self-employed:
The address of his /her business
Number plates of cars/taxis
Hawker’s license
Copies of receipts or invoices made out to business clients
His/her banking details or statement
Proof of home ownership or description of property.
