When a minor child is involved in a divorce, the court must ensure the child’s best interests are taken into account. Many parents may obtain maintenance orders against the other parent to collect money for child support. But what happens if the other parent does not pay what is owed? Here we will look at what steps you can take if child maintenance payments are in arrears.
What can I do if the Parent Does Not Pay Maintenance
Presuming that a Maintenance Order was granted, there are steps you can take: the civil option and the criminal option.
For the civil option, you will be required to fill out a Form in the maintenance court to detail what is owed and provide your banking statements to prove the funds were not paid. The Court can give you an Order to pay the unpaid maintenance by:
- execution against any moveable or immovable property; or
- attachment of payments due to the maintenance debtor (salary or other payments due ); or
- attachment of any debt, including RA’s, Pensions and other investments.
Because failure to pay maintenance is a criminal offence, this is the second option you can take. You can approach the maintenance court and file a criminal complaint and provide details of what is owed and other relevant information.
If You Are in Arrears Failure to Pay is a Criminal Offence
If you are under an order to pay child maintenance and fail to pay, this is contempt of a court order and is considered a criminal offence. One can be convicted and fined or imprisoned for up to a year. In addition this failure to pay can and will be recorded in your credit record and reported to your credit providers.
Speak to an Expert in Family Law
If you are dealing with Child Maintenance payments, it is important to seek out legal advice. As each case is dependent on unique circumstances, a legal expert in Family Law will provide you with the best advice for your situation.
Blake Attorneys is best known for Family Law and regularly appears in the courts for divorce, maintenance, domestic violence applications and children’s court matters. We also have expertise in small business development and insurance litigation. Formed in 1998, we have been providing legal services in the Johannesburg area for over thirty years. Contact us to speak to an attorney today.