SALRC calls for comments on Maintenance Act review discussion paper

SALRC calls for comments on Maintenance Act review discussion paper

• 02 June 2022
• Family Law
• SA Legal Academy

As the next step in its review of the 1998 Maintenance Act, the South African Law Reform Commission has issued a discussion paper for input by 30 June 2022. Building on comments received in response to an issue paper published in 2014, the discussion paper includes three options for amending the Act to introduce an alternative approach to maintenance matters. In that context, it deals with mediation; the duties of a maintenance officer; the inquisitory role of magistrates; and the possibility of interim maintenance orders.

Other matters on which possible remedies are discussed include maintenance where a child beneficiary has reached the age of majority but still depends on his/her parents for support; the liability of persons to support children who are unable to support themselves; recovering future default amounts which arise because of the delay in the execution process; interim attachment orders; trusts, maintenance matters taken on review; assets in the estate of a maintenance debtor.

• dicussion paper 

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