In a recent judgement of the Johannesburg High Court, the court proved that it was willing to go to extreme lengths to help recover maintenance that had fallen in arrears.
The applicant in the case was a mother of two minor children who brought an urgent application against the father for maintenance that had been in arrears since 2008. The reason for the urgency was that the father was in the midst of a property sale that would in all likelihood provide him with the means to pay the maintenance money owed. The mother, however, feared that the father would settle his other debts first and not have enough money left to pay the arrear maintenance.
In its ruling, the court had to consider whether this fear was founded, whether the property was indeed the only asset the father had that could assist him in paying the arrear maintenance, and finally whether the applicant had the right to the maintenance. This last consideration was especially important as the father had fallen behind in payments due to two retrenchments and not by any fault of his own.
The court ultimately ruled in favour of the mother, reiterating that her rights and interests would not be protected without an interdict for payment. The father was obliged to settle his arrear maintenance with the proceeds of the sale before he settled other debts and invested the money elsewhere.
This ruling confirms just how serious the law takes maintenance orders and the lengths to which recipients can go in claiming the amounts owed to them.
Get in touch with CMM Attorneys to assist you with all your maintenance and family law concerns.
This article is a general information sheet and should not be used or relied on as legal or other professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice. Errors and omissions excepted (E&OE)