Maintenance Attorneys Paarl
Maintenance applications, variations and enforcement in the Maintenance Court. Arrears, attachment of salary, and prosecution where an order is ignored.
- Courts
- Paarl, Wellington and Western Cape
- Non payment
- A criminal offence
- First consultation
- Free
How a maintenance application works
Initial consultation
We go through your circumstances, explain your rights, and determine whether you need to bring a new application or enforce an existing order. We will also explain which documents you need and what information we require from you.
Gathering the financial information
We help you put all the pieces together and understand the full picture.
Preparing and filing
We prepare the court documents and lodge the application at the appropriate Magistrates' Court. If you are responding to an application, we prepare your response and supporting documents.
Maintenance Court proceedings
The court will often first try to resolve the matter through an investigation or mediation by the Maintenance Officer. If that does not resolve the issue, the matter proceeds before a Magistrate, who hears both sides and makes an order.
The order
The order sets out the amount, the payment dates, the method of payment, and any additional obligations for educational, medical or other necessary expenses. Once granted it is valid and binding.
Enforcement or variation
Circumstances change. If payments stop, or either party's finances shift significantly, we assist with enforcing the order or applying to vary the amount.
Why people choose us
Rooted in Paarl
Marlo Laubscher grew up in Paarl and came back to practise here. We know the local courts, the Municipality and the Deeds Office, and they know us.
A boutique firm, deliberately
Three people and one office. You deal with the attorney handling your matter, for as long as the matter needs.
The first consultation is free
Every service, no exceptions. Find out where you stand before committing to anything.
What to do next
- Bring the existing maintenance order, if there is one.
- Bring proof of income and expenses, yours and the other party where you have it.
- The first consultation is free.
Sit down with the person who will actually handle your matter. The first consultation costs you nothing, and you will leave knowing where you stand.
Book Free Consultation
Your first consultation is free
Tell us what you are dealing with and we will tell you honestly whether we can help,
what it is likely to cost and how long it should take. No obligation either way.
Questions our clients ask us
Is the first consultation free?
Yes, on this as on every other service.
Can I claim the maintenance that was never paid?
Yes. Outstanding arrears can be recovered, and there are legal enforcement mechanisms available to assist with recovering unpaid maintenance.
Can maintenance be taken straight off their salary?
Yes. An emoluments attachment order directs the employer to deduct the maintenance from the payer’s salary and pay it over, so payment does not depend on the other party choosing to pay voluntarily.
Is it a crime not to pay maintenance?
Failing to comply with a maintenance order is a criminal offence. Where an order is being deliberately ignored, criminal prosecution is available.
Can the amount be changed later?
Yes. If either party's financial circumstances change significantly, an application can be brought to increase, decrease or vary the existing order.
Do I have to have been married to claim?
No. The duty of support can extend to a mother or father, a former spouse, a child, or another dependant, depending on the circumstances.
The person who paid maintenance has died. Is the claim lost?
Not necessarily. A maintenance claim can be brought against a deceased estate.
I have been served with an application. What now?
You are entitled to legal representation and to have your actual financial position properly placed before the court, so that any order takes into account what you can genuinely afford.
Find us in Paarl
- Address
- 7 Pastorie Avenue, Paarl, 7646
- Hours
- Monday to Friday08:00 to 16:30
- Saturday and SundayClosed
- Telephone
- 021 872 0215