Kloppers Incorporated is established on the principles of integrity, excellence, hard work and dedication - paving the way to an excellent business reputation. It is our hope that this episode will be a valuable and informative resource to you
In this episode, we explore whether a parent can challenge or vary a maintenance order when they are already in arrears. We discuss the duty to support children under the Maintenance Act, the different types of maintenance orders, and the common challenges faced when financial circumstances change. We explain why applications for variation are generally barred if arrears exist, with only limited exceptions. A vital guide for understanding rights, responsibilities, and remedies in South African maintenance law.
In this episode, we unpack whether a sale in execution can move forward while an appeal is still pending. We explain the general rule of suspension during appeals, the role of the sheriff in executing judgments, and the exceptions provided in both the Superior Courts Act and the Magistrates Courts Act. Listeners will gain clarity on when courts may permit execution to proceed, the importance of proving irreparable harm, and the safeguards such as security requirements. A practical guide for anyone navigating appeals and enforcement of judgments.