MAINTENANCE
Maintenance Attorneys in Cape Town
Maintenance disputes can be stressful and financially overwhelming. Whether you are claiming maintenance or defending a maintenance claim, it is important that your rights are properly protected.
HB Attorneys Inc. assists clients with child and spousal maintenance matters across South Africa, ensuring fair and lawful outcomes.
The Law Governing Maintenance
Maintenance matters in South Africa are primarily regulated by:
- Maintenance Act 99 of 1998
- Divorce Act 70 of 1979
The law requires parents to financially support their minor children according to their respective means. Spouses may also claim maintenance depending on the circumstances.
Child Maintenance
Both parents have a legal duty to support their child proportionally according to their income and financial capacity.
Maintenance may include:
- Monthly cash payments
- School fees
- Medical aid contributions
- Extramural activities
- Clothing and living expenses
- Educational costs
We assist with:
- Instituting maintenance applications
- Opposing excessive or unfair claims
- Variation of maintenance orders
- Enforcement of maintenance arrears
- Contempt proceedings for non-payment
The child’s best interests are always the court’s primary consideration.
Spousal Maintenance
Spousal maintenance may arise:
- During divorce proceedings
- After divorce (rehabilitative or permanent maintenance)
- Where one spouse is financially dependent
The court considers factors such as:
- Duration of the marriage
- Standard of living during the marriage
- Age and health of the parties
- Financial means and earning capacity
We provide strategic advice tailored to your circumstances.
Maintenance Court Process
The general process includes:
- Lodging a maintenance application
- Financial disclosure by both parties
- Investigation by the Maintenance Officer (informal enquiry)
- Court hearing before a Magistrate (formal enquiry)
- Maintenance order granted
Where necessary, we represent clients in contested hearings and formal enquiries.
Enforcement and Variation of Maintenance Orders
If maintenance is not paid, enforcement options may include:
- Emoluments attachment orders
- Attachment of assets
- Garnishee orders
- Criminal prosecution for non-compliance
We act swiftly to recover arrear maintenance.
Maintenance orders may be varied if:
- Income has increased or decreased
- Financial circumstances have changed
- The child’s needs have changed
- A parent has lost employment
We assist with lawful variation applications to ensure fairness.
Contact HB Inc. Today
Whether you are claiming maintenance or defending a claim, we are ready to assist.
Let us help you take the first step toward a more secure and peaceful future.
● Phone: 072 853 5600 | 074 347 3776
● Email: brandon@hbinc.co.za | havashini@hbinc.co.za
● Website: www.hbinc.co.za
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