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Children's Act, 2005 (Act No. 38 of 2005)

Regulations

Regulations relating to Children's Courts and International Child Abduction, 2010

Chapter V : Miscellaneous

36. Contribution orders

 

(1) A clerk must, at the request of the presiding officer of the court, issue a summons on a form which corresponds substantially with  Form 12 of the Annexure, calling on a respondent to appear before the court at time and stated in the summons in order   to show cause why a contribution or attachment of wages order should not be made against him or her, as provided for in section 161 of the Act.

 

(2)

(a) A notice of an application  by  a  presiding officer of the court for the variation, suspension, rescission or revival of a   contribution or attachment of wages order shall be on a form which  corresponds substantially with Form 13 of the Annexure  and must be duly served on the respondent.
(b) An application by a respondent  for the variation, suspension, rescission or revival of a contribution or attachment of   wages order shall be made on a form which corresponds substantially with Form 14 of the  Annexure,  and  shall  be  lodged with the clerk or the presiding officer of the court, as the case may be.

 

(3) A  summons referred to in subregulation (1) and a notice referred to in subregulation (2)(a) shall be—
(a) served personally on a person by a sheriff, clerk, or a person authorised by  the presiding officer of the court;
(b) submitted to the person by registered post; or
(c) served or submitted in any other manner as directed by a presiding officer of the court.

 

(4) A contribution order or a provisional contribution order shall be made on a form which corresponds substantially with Form 15 of the Annexure, and a certified copy thereof shall be handed to the respondent or be sent to him or her by registered mail.

 

(5) The clerk shall send a copy of the said contribution order to—
(a) the Director-General: Social Development; and
(b) the social worker involved in the case.

 

(6) An order to an employer in terms of section 165 of the Act for the deduction of an amount from the wages of respondent in compliance  with a contribution order shall be made on a form which corresponds substantially with Form 16 of the Annexure and a certified copy thereof shall be handed to the respondent or be sent to him or her by registered mail by the clerk.