Legislation News South Africa

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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