by VDT Attorneys | May 22, 2024 | Child Support, Maintenance
The court correctly found that that Respondent’s plea of poverty as a defence against his wilful and bad faith non-compliance with his maintenance obligations was unacceptable. The Respondent agreed during divorce proceedings to, amongst other specified contributions,...
by VDT Attorneys | May 20, 2021 | Child, Child Support, Divorce, Family, Maintenance
To assess whether the obligation to pay maintenance or a claim for unpaid maintenance can prescribe, regard must be had to the provisions of the Prescription Act 68 of 1969 (“Prescription Act”). In the recent matter of SA v JHA and Others 2021 (1) SA 541 (WCC) this...
by VDT Attorneys | Jul 12, 2018 | Child, Child Support, Dispute resolution, Family, Litigation
As a point of departure it is important to note that our South African law as a rule does not make specific provision for a grandparent’s rights over their grandchildren. That said, our Children’s Act 38 of 2005 does provide for a way to establish such rights. In...
by VDT Attorneys | Jun 7, 2018 | Child, Child Support, Divorce, Family, Litigation, Marriage
Section 18 of the Children’s Act 38 of 2005 states that the parental responsibilities and rights in respect of a child include the responsibility and the right to contribute to the maintenance of the child. Maintenance includes the reasonable provision towards a child...
