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Legislation South Africa

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Maintenance Act amendments clamp down on defaulters

The Maintenance Amendment Act, aimed at cracking down on child maintenance defaulters, came into effect today (5 January).

The legislation now allows:

  • The personal information of defaulters to be submitted to credit bureaux
  • defaulters to be blacklisted
  • courts to order mobile network service providers to share contact details to trace defaulters
  • maintenance applications to be lodged in the jurisdiction where the defaulter works, and not only where they live
  • courts to place an interim order while waiting for the final outcome
  • cost orders to be granted even if child maintenance defaulters are absent from court proceedings
  • courts to impose three years’ imprisonment without option of a fine for continued defaulters
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