| (1) |
After consideration of the evidence adduced at the enquiry, the maintenance court may— |
| (i) |
make a maintenance order against any person proved to be legally liable to maintain any other person for the payment during such period and at such times and to such person, officer, organisation or institution, or into such account at such financial institution, and in such manner, which manner may include that an arrangement be made with any financial institution for payment by way of any stop-order or similar facility at that financial institution, as may be specified in the order, of sums of money so specified, towards the maintenance of such other person, which order may include such order as the court may think fit relating to the payment of medical expenses in respect of such other person, including an order requiring such other person, if the said other person qualifies therefor, to be registered as a dependant of such person at a medical scheme of which such person is a member; |
| (ii) |
make an order against such person, if such other person is a child, for the payment to the mother of the child, of such sum of money, together with any interest thereon, as that mother is in the opinion of the maintenance court entitled to recover from such person in respect of expenses incurred by the mother in connection with the birth of the child and of expenditure incurred by the mother in connection with the maintenance of the child from the date of the child's birth to the date of the enquiry; or |
| (b) |
in the case where a maintenance order is in force— |
| (i) |
make a maintenance order contemplated in paragraph (a)(i) in substitution of such maintenance order; or |
| (ii) |
discharge such maintenance order; or |
(2)
(a) Any court—
| (i) |
that has at any time, whether before or after the commencement of this Act, made a maintenance order under subsection (1)(a)(i) or (b)(i); |
| (ii) |
that makes such a maintenance order; or |
| (iii) |
that convicts any person of an offence referred to in section 31(1), |
shall, subject to paragraph (b)(i), make an order directing any person, including any administrator of a pension fund, who is obliged under any contract to pay any sums of money on a periodical basis to the person against whom the maintenance order in question has been or is made, to make on behalf of the latter person such periodical payments from moneys at present or in future owing or accruing to the latter person as may be required to be made in accordance with that maintenance order if that court is satisfied—
| (aa) |
where applicable, in the case of subparagraph (i), after hearing such evidence, either in writing or orally, as that court may consider necessary; |
| (bb) |
where applicable, in the case of subparagraph (ii), after referring to the evidence adduced at the enquiry or the application for an order by default, as the case may be; or |
| (cc) |
where applicable, in the case of subparagraph (iii), after referring to the evidence adduced at the trial, and |
| (dd) |
where applicable, after hearing such evidence, either in writing or orally, of any person who is obliged under any contract to pay any sums of money on a periodical basis to the person against whom the maintenance order in question has been or is made, |
that it is not impracticable in the circumstances of the case: Provided that nothing precludes the court from making an order in terms of this subsection if it is of the opinion that any further postponement of the enquiry in order to obtain the evidence of the person referred to in subparagraph (dd) will give rise to an unreasonable delay in the finalisation of the enquiry, to the detriment of the person or persons to be maintained.
[Section 16(2)(a) substituted by section 5 of Act No. 9 of 2015]
(b) A court—
| (i) |
contemplated in paragraph (a)(i) shall only make an order referred to in paragraph (a) on application; and |
| (ii) |
that convicts any person of an offence referred to in section 31(1) shall make such order whether or not any penalty is imposed in respect of that offence or any order is made under section 40(1). |
| (a) |
In order to give effect to an order referred to in subsection (2), the maintenance officer shall, within seven days after the day on which such order was made or whenever it is afterwards required, in the prescribed manner cause a notice, together with a copy of such order, to be served on any person who is obliged under any contract to pay any sums of money on a periodical basis to the person against whom the maintenance order has been made directing the former person to make the payments specified in the notice at the times and in the manner so specified. |
| (b) |
Whenever the person on whom the notice has been served, is for any reason discharged from the obligation of paying any such sums of money, he or she shall, within seven days after the day on which he or she is so discharged, give notice thereof in the prescribed manner to the maintenance officer of the court where the maintenance order in question was made. |
| (c) |
The person on whom the notice has been served shall give priority to the payments specified in that notice over any order of court requiring payments to be made from any other moneys due to the person against whom the maintenance order has been made. |
| (4) |
If any person against whom a maintenance order has been made under subsection (1)(a)(i) or (b)(i) changes his or her place of residence or employment during the currency of the maintenance order, he or she shall, within seven days after the day of such change, give notice thereof in writing to the maintenance officer of the court where the maintenance order was made, and, if payment in terms of that order is to be made to any person, officer, organisation or institution, then also to the person, officer, organisation or institution to whom payment is to be made and shall state fully and clearly where his or her new place of residence or employment is situated. |
South African Revenue Service Act, 1997
