Stricter Measures for Maintenance Defaulters
It will soon become more challenging for individuals who default on child maintenance payments to evade their financial responsibilities toward their children.
Following an agreement signed in November last year by the Minister of Justice and Constitutional Development, Thembisile Simelane, with the Consumer Profile Bureau and the Foundation for Social Justice, maintenance defaulters will now be blacklisted.
The Maintenance Act of 1998 (Act No. 99 of 1998) already contains provisions requiring the personal details of defaulters to be forwarded to credit bureaus and lenders. However, several obstacles hampered the process, which were identified during a 2023 workshop.
According to the Department of Justice, there was a critical need for collaboration and partnerships to address these challenges. A system is now being developed to create a register of defaulters and streamline the associated processes.
Local family law attorney Isabelle Buhr views this as a significant step forward in making it difficult for defaulters to access credit.
“It makes no sense that a person convicted for failing to pay maintenance can still accumulate additional debt,” she said.
Proposed Amendments to the Maintenance Act
Meanwhile, proposed amendments to the Maintenance Act are in progress, focusing on refining the procedures involved. Attorney Buhr highlighted some of the key proposed changes:
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Expanded Application Process:
The process for applying for maintenance and the authority of maintenance officers has been broadened. For instance, applications can now be filed in the jurisdiction where either the applicant or the child resides. -
Claims for Attendance Costs:
Applicants for maintenance, similar to witnesses in legal cases, will be able to claim costs associated with attending court. -
Mediation and Arbitration:
The amendments make provisions for mediation or arbitration in maintenance matters to expedite resolution. -
Shared Day-to-Day Care:
If a non-primary caregiver is actively involved in 50% of the child’s day-to-day care, they may not be required to pay an additional maintenance amount for day-to-day expenses.
Maintenance Application Process
Buhr explained that the proposed amendments do not fundamentally change the maintenance application process. However, the caregiver can now file an application in the jurisdiction where either they or the child resides.
“The George Maintenance Court, in my experience, operates far more efficiently compared to other courts. Unfortunately, if parties cannot reach an agreement and the case goes to trial, the process can take significant time to conclude,” Buhr noted.
Child Access Rights
Buhr emphasized that maintenance obligations and access to children are treated as two entirely separate matters by the courts.
“Even if a parent does not pay maintenance, the other parent cannot deny contact with the child,” she explained.
