November 2015 - Ivan Zartz Attorneys

18 Nov

Advantages of Shared Custody

Modern day child custody cases require both parents to take part in their children’s lives. As both parents hold significant roles in their children’s lives, child custody cases are more likely to work, as both parents will be motivated to ensure that the best environment and opportunities are provided to the children.

What was considered the conventional model of child custody was when the mother would have sole custody of the child/children, and the father would be granted visitation alongside his required maintenance. However, this model of child custody has changed. Most parents are starting to adopt a shared custody approach, as encouraged by many child custody attorneys and states at large.

Advantages of Shared Custody:

Both parents can, in cases of shared custody, play a larger role in the lives of the children. This not only reinforces emotional bond and attachment between the children and each of the parents, but children will benefit more emotionally by feeling adequately loved by both parents.
In cases of shared custody the responsibility of parenting is not the responsibility of a single parent. Both parents have to assume the responsibility of looking after, feeding and supporting the children, relieving the pressure that is normally felt by single parents.
Children are provided not one, but two strong family-based homes; both environments in which they feel comfortable and can concentrate on both extra mural activities and school tasks.
Shared custody requires more cooperation between parents, often resulting in diminishing animosity so that parents can work together to ensure a smooth schedule for the children.

Many more separated parents in South Africa are adopting the shared custody approach to child custody. This way children will be ensured a protective and loving environment by both parents. If you require a child custody attorney to help you achieve a workable shared custody agreement, then contact Ivan Zartz Attorneys today!

16 Nov

What is a Credit Check?

Modern credit providers have to take measures that protect both themselves as well as the consumer. Without such measures consumers (debtors) are often mistreated, and/or the creditor does not receive monies due.

Although it is often considered an invasive practice, credit checks are way of ensuring that debtors are able to honour a debt agreement that they have entered into with a creditor. By denying credit to a consumer who is otherwise unable to fulfill the requirements on his/her credit check, they are actually protected from entering an agreement that they will most likely not be able to honour.

How does a credit check perform this important function?

A credit check will forfeit important public credit report information such as credit history. This identify’s how much money a consumer owes to other creditors and their ability to repay. It is also noted as to when payments were made. Consistent late payment is particularly frowned upon and may disqualify consumers from certain credit. Ultimately it is the creditor’s discretion whether or not this information is provided to credit providers, but it is required by most creditors before entering a credit agreement.

Court judgement information is also a part of a creditors’ credit check, as this will give them information involving the litigation of any cases involving non-repayment or bankruptcy. All this information is public and creditors have access to it. Other public information is that of residential as well as work addresses.

Speaking of work, any associates that you are currently involved with may also be inquired upon in a credit check. Associates often impact the ability of consumers to repay a debt, as in the case of a shared mortgage, and their credit history will be analysed.

A credit check importantly prevents those who do not have the financial stability from entering into a credit agreement that could otherwise do more harm. It is the creditors’ responsibility to implement the correct credit checks to ensure that the entire credit procedure develops as planned. If you are a creditor who requires a debt collection attorney because of an organisation or individual who has not fulfilled the credit agreement, then contact Ivan Zartz Attorneys today!

11 Nov

How Much Visitation Should a Parent Be Granted?

In settled cases of child custody children are expected to stay with a primary caregiver. It is important that children (especially the younger ones) live in a single residence while visiting the other parent at regular intervals.

But how often should the alternative parent visit the child, and how often should the child be allowed to stay with the alternative residence? This is a question that many parents struggle with, but we may be able to assist with some important guidelines.

With regards to infants who are under the age of two, it is important that they spend as much time at their primary residence as possible. Young infants are in the stage of their lives where they are experiencing the highest amount of development, and because of this it would be unfair to constantly expect them to adapt to new surroundings during visitation. For this reason the child should spend all of their time within the home of the primary caregiver, while the alternative parent should ensure that they regularly visit the infant; possibly 3 or 4 times a week for short hour-long intervals.
Between the ages of 2 and the child’s induction to primary school, the parent that does not live with the child should play a large role in the child’s life and upbringing. Initially the child should be able to visit the alternative residence on a weekly schedule, before staying a night over. Gradually introduce more nights into the weekly schedule before having the child stay with the other parent for alternative weekends and 1-3 week vacations.
Primary school children experience a busy and activity fueled week in school, so parent’s should try not to change the schedule that was implemented in the pre-school phase. Maybe introduce an additional night into the schedule, even if it is a weeknight.
During a child’s teen years they should have more choice in the matter of visitation and staying with the alternative parent. If visitation restricts them from being involved in school activities and extra-murals then the schedule should be changed or updated. It is not inconceivable for children to spend alternative weeks between parents in what is a shared care-giving arrangement.

It is important that parents ensure that any changes in the child care and contact agreement as well as visitation are made between the parents and a legal representative. If you require an experienced attorney who specializes in cases of child custody and visitation then make sure you contact Ivan Zartz Attorneys today!

09 Nov

How To Trace Debtors

Creditors and credit providers have a bad rap when it comes to their ability to chase debtors for unpaid debts. While debtors should be protected from abusive creditors, creditors also need to ensure that debtors eventually pay for unpaid debts. Not being paid for the transfer of goods and services is akin to giving away something for nothing.

Creditors, in this respect, have to ensure that they protect themselves accordingly. By keeping a portfolio of clients, and by registering the correct details, creditors will be able to trace debtors and know their whereabouts. Many debtors make themselves scarce in effort to evade making payments of which they are ultimately responsible for paying.

Tracing your clients is a perfectly legal and acceptable method of ensuring that you know where debtors are located, and a way of ensuring that they understand their payment responsibilities.

The first step of how to trace debtors is to ensure that you have the correct details of the client before the transfer of goods or services is arranged. For individual clients, make sure that you receive residential address as well as telephone and cellphone numbers. For businesses ensure that you receive business addresses, full business name and business registration number.
There are many service providers in South Africa with experience in doing credit checks for both individuals and businesses. If you are comfortable with this method of ensuring that clients are able to pay for goods and services rendered, then many checks will also yield forwarding addresses that are also used by the debtor.
Regularly contact clients using their provided numbers. Make a phone call to check whether they have received an invoice instead of relying on email. Any anomalies will be quickly picked up using this method. If a phone is repeatedly not answered at the mere provision of an invoice, then something could be wrong.
There is nothing illegal about asking an individual’s neighbour or a business’s associate about the whereabouts of an individual or business owner, as long as the debt is not mentioned. Make sure you ask those individuals nearby, and they might point out an anomaly, especially if your business had trouble delivering goods to the individual or business’s address initially.
When it comes to protecting your rights as a credit provider, then make sure you hire a debt collection attorney. With legal assistance in a field that often experiences cases of litigation credit providers’ rights are upheld and maintained in a society that feels it necessary to criminalize them.

Contact Ivan Zartz Attorneys if you need to find out more information on how to trace debtors. We offer the most experienced legal counselling and assistance in all cases regarding debt collection in South Africa.

04 Nov

Child Neglect And Uncaring Parents

Unfortunately there are many children who suffer from child neglect. While some may not consider this not as serious as other forms of abuse, these people should understand that child neglect is still abuse nonetheless.

Thankfully there are structures in place that allow us to stop child neglect in their tracks, and to an attentive and caring person child neglect can also be easily identified.

Victims of child neglect will almost never be dressed appropriately. This includes wearing clothing that is too small, or wearing inappropriate clothing considering the time of year. A parent clearly does not consider their child’s health if they’re sent to pre-school in the middle of winter dressed in t-shirt and shorts. Clothing is also likely to be dirty on victims of child neglect too, as though clothing has been unwashed over many days.
Children that are neglected are often left to play outside alone, and are those children whose parents are late to drop them off and pick them up from school. This by no means implies that the child is automatically regarded as neglected, as many parents suffer from busy schedules. Rather consider this neglect with other factors like…
…the child suffering from bad hygiene. This includes the child being unwashed, matted and dirty hair, consistent runny and un-wiped nose, smell of urine or other body odour.

If a child suffers from more than one of the above factors then it may be that the child is a victim of child neglect. It is therefore the duty of everyone to report such incidents to the respective authorities in South Africa. In South Africa there are two authoritative bodies that will be able to take your concerns seriously. These are Childline South Africa and the South African Police Service.

Make sure that you report all instances of child neglect, and provide them with detailed information regarding those instances of neglect. You will often be forwarded to a child service officer who is experienced and equipped to deal with such cases.
Provide further information to the same authoritative body, as well as the same social officer that you were in contact with before. Any further information can help them in their case.
Do not expect to learn of the outcome of the investigation, as authorities will do their best to ensure that there is no more abuse and child neglect, and there are strict rules and regulations with regards to the sharing of information to third parties.

Don’t forget that child neglect is abuse, and if there is evidence of abuse within a case of child custody then don’t hesitate to contact a child custody attorney like Ivan Zartz Attorneys.