Maintenance Attorney Cape Town
When it comes to caring for children of divorce, maintenance matters are incredibly important, as no parent should undermine their responsibility to provide for their child/children. At Kim Armfield and Associates, we have a team of dedicated and result driven Maintenance Attorneys in Cape Town, forming part of our extensive and reputable Family Law practice areas.
Following a divorce between two parents, it is important that no grey areas allow for uncertainty when determining parenting plans and outlining the specifics of maintenance support. Our Kim Armfield and Associates Maintenance Attorneys in Cape Town can assist you and your partner in setting up a maintenance agreement that is suitable to all involved. Child maintenance is typically paid by the parent who does not have primary custody of the child, and should then be allocated towards the provision of clothing, food, medical and dental care, education and housing, recreation activities and other lifestyle requirements.
In order for a maintenance plan to be fair and reasonable, certain factors need to be taken into consideration, such as the recipient’s monthly financial needs, the parent’s financial income and ability to pay, and various other relevant aspects. Just as each parent child relationship and family dynamic is unique, so are the maintenance plans that are subsequent to the legal dissolution of a marriage.
It is important to remember that both parents have a duty to maintain their child/children through their respective abilities and means, and so even if one parent is contributing with monthly maintenance payments, the other parent (usually the parent with full custody) still needs to come to the table financially and otherwise. Our experienced and qualified Maintenance Attorney’s in Cape Town have worked with many families in ensuring the best processes are followed towards attaining monthly maintenance.
For full time parents who don’t receive the agreed upon monthly maintenance payments, the financial strain and setbacks can negatively affect the child or children involved, while the parent who should be paying might suddenly become unreachable, or else unperturbed by their legal commitments to pay maintenance. Not paying child maintenance is considered a criminal offense, which can lead to fines or even imprisonment of up to 1 year. When the parent who’s responsibility is it to pay maintenance each month defaults, the parent with full custody can consider a few ways forward, with the guidance of our Kim Armfield and Associates legal team.
-One option is to gain authorisation from the maintenance court to issue a warrant of execution, whereby a court sheriff can assess the movable property or assets of the individual by visiting their home, in order to cover the maintenance payments missed.
-Another option is by attaining an order for the attachment of emoluments, also known as a garnishee order. This means that the parent in question’s employer will pay the maintenance owed each month directly to the allocated account, before the remaining salary is paid to them.
-Or else, an order for attachment of debt can be considered, meaning that any money owed to the parent who has defaulted payments will be owed to the full time parent instead.
When looking for respected and focused Maintenance Attorneys in Cape Town, allow Kim Armfield and Associates to step in and assist you every step of the way.