A Shift In Duty 

When paying for a child’s tertiary education, it most likely means that the child has reached an age where he/she is considered an adult. As an 18-year-old, the child may be an adult, but is not yet considered self-supporting. When unable to look after themselves (due to financial constraints), it is the ultimately the child’s responsibility to claim maintenance from the parent in question. The spouse who may have had custody of the child is no longer expected to receive the money with regards to the wellbeing and support of the child.

Commitment To Education 

Although the child now receives maintenance from their parents toward living expenses and tertiary education, the parent is only expected to pay for the education as long as the parent has the financial means. Not only does the parent have responsibilities, but the child is expected to pass subjects at university. When he/she shows trends of failure or negligence, then it is no longer the parent’s responsibility to pay for tertiary education.

What Should You Pay For? 

It is parents’ duty to care for an adult child when they are unable to do so themselves. Children studying in a university are most often unable to provide for themselves, and therefore parents may have to fit the bill for tertiary fees, textbooks, food, accommodation, and transport.

A parent is no longer expected to provide maintenance for a child when the child is deemed at such an age and capacity to find a job for themselves, and therefore ensure their own livelihoods are taken care of.

For more information on child maintenance, child custody, and any other divorce or child-related legal query, contact Ivan Zartz Attorneys today!

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Grandparents 

Both the maternal and paternal grandparents are responsible for supporting a child if neither parent is able to do so. Often all four grandparents can be responsible for contributing financially toward the child, and at least one can be found responsible for the custodianship over the child. Alternatively, if a custodial parent is not receiving maintenance from the other parent, then he/she can claim maintenance from that parent’s parents.

Siblings 

In many cases, siblings are found to be custodians of children, responsible for the upbringing of their brother or sister. This is not uncommon, and legally siblings are responsible for their other siblings’ upbringing if parents, grandparents, and stepparents are unable to do so.

However, this is only considered an option when siblings are adults and have the financial capabilities toward supporting a child.

Steparents 

Stepparents are not responsible for the upbringing of the child as the parents themselves. By marrying their spouse who has maintenance or custodial duties, these duties cannot legally fall upon the stepparents too. However, there have been instances whereby parents have taken stepparents to court and the stepparents were ordered by judges to pay maintenance toward their stepchildren.

The above cases, however, are very rare, and only apply when the stepparent has the overwhelming financial security and the capability to look after their stepchildren without much effort.

As you can see, there are many people who are found responsible for the upbringing of a child when his/her parents are unable to do so. If you require legal assistance regarding the custody, support, and maintenance of children, don’t hesitate to contact Ivan Zartz Attorneys at the soonest opportunity.

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Legal Strategies To End State Corruption 

• By getting legal professionals involved in the auditing of government spending more often, instead of leaving the process largely internalised within municipal and national departments is key to ending corruption. Many countries post lawyers within government departments to audit on an ad hoc basis, rather than systematically auditing departments at a set time and date in the year.
• International corruption conventions should be arranged to facilitate dialogue between governments that both suffer or have successfully tackled corruption. By integrating said dialogue between governments and international legal organisations, such as the SADC’s Lawyer Association, actual, tangible policy may be drafted to eliminate corruption.
• When it comes to tackling corruption within the courts, legal professionals are very limited when it comes to using certain evidence against officials who may otherwise be found guilty of corruption. Corrupt officials are often one step ahead of legal professionals in their use of technology such as mobile devices, messaging platforms and the like, knowing full-well that some evidence cannot effectively be used in court. Much of this, as well as a considerable amount, of red tape needs to be eliminated if lawyers and public protectors are to have any success against corrupt politicians and officials.

Although there is much room for improvement, Ivan Zartz Attorneys supports the sentiments of the Chief Justice, and we all look forward to a transparent and well-governed future in South Africa.

Contact Ivan Zartz Attorneys today for more legal news and views.

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Please remember: By not paying maintenance, you are only harming your child and not the parent with custody and care obligations towards the child! 

Separating Child Custody From Maintenance 

It is important that you understand this important principle before you stop paying maintenance; child custody and visitation agreements are considered separate from that of a maintenance agreement.

Under no conditions is a parent obligated to stop paying child maintenance. Child maintenance is arranged so that the custodian or carer of the child has the financial means of providing food, education, and medical expenses for the child. Additionally, you cannot stop paying maintenance even in the event that the other parent prevents you from having contact with the child. If your ex-spouse remarries, has more children or finds themselves a new job, you are still expected to pay monthly maintenance according to the maintenance contract.

Here are a few things to keep in mind in the event of restricted visitation and contact, or the restructuring of the maintenance agreement:

Amending Maintenance Order 

If you cannot afford the maintenance for your child, then you may begin the procedure of amending your maintenance order. This can be done with the assistance of a divorce lawyer, or you can make the application yourself at the Family Court.

Restricted Visitation and Contact 

Your right to visit your child, or have your child stay with you on certain days, is outlined within the child custody agreement. A breach of a lawfully authored agreement is illegal, and a parent who prevents their child from seeing their mother/father may have their ability to care for the child questioned.

The best thing to do in the event of visitation restrictions or prevention is to contact a child custody attorney. With their consultation and assistance, you will be able to take the matter to court or begin a remediation procedure so that you may spend valuable time with your child again.

Contact Ivan Zartz Attorneys today if you are intent on spending more time with the children you love!

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• “Yes, of course! I will pay the account as soon as possible.” This is the classic delay strategy. The objective is to fool the creditor into thinking that they will pay the account momentarily. The truth is that, on this occasion, they have not provided the creditor with an exact date, and there will come a time where the debtor will have to be contacted again.
• “I have paid the account, it must not have reflected yet.” If the debtor has used this excuse more than once for a single invoice over the space of 30 days, then it is a clear and blatant lie. On the rare occasion that the bank is the guilty party, it is the debtor’s responsibility to pursue the issue with the bank.
• “I have not received an invoice yet.” Probably the most common excuse of the lot. The reason why this excuse is so well used is because it works. However, there are some tactics that can be used to avoid this problem. The first is by ensuring a receipt and ‘item read’ notification on your emails, or by having the debtor pick up a physical receipt from the post office.

In any event, if you believe that the debtor in question is delaying payment or without financing the invoice, ensure that you contact a debt collection agency. For commercial and larger debt issues, contacting a debt collection lawyer is often the best thing to do. If you are looking for an experienced and well-versed debt collection lawyer in South Africa, then make sure you contact Ivan Zartz Attorneys today!

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This can be a very awkward time for both you, as a parent, and your children, and introducing your kids to the ‘newfound love’ can lead to them experiencing a number of emotions. There are, therefore, a number of measures involved during this introduction, both of the psychological and legal sort. Take a look:

Remain Professional 

A parent must remain professional as well as amicable when introducing a new partner to the family. The same goes for those parents whose ex-spouse has now introduced a new partner. There are many instances of parents returning to courts at the instance of one of the parent’s new romance. This reignites a pointless legal battle because they believe that the new partner may negatively influence their children.

Both the parent in a new relationship, as well as the other parent, must respect their ex-spouse enough to amuse their concerns and/or allow the ex-spouse the freedom to date other people. What needs to remain of utmost importance is that any new decisions are made in the best interests of the children. This means that the new partner should not stay overnight with the children for at least a couple of months into what has to be a strong and committed new relationship. If a parent is only having casual relationships with one or multiple partners, it is best to not involve the children in any way whatsoever.

Emotional Sensitivity 

When a parent is introducing his/her children to a new partner, it is important that the first couple of visits are incredibly casual and quick. All visitation should occur away from the home in an environment in which the children are comfortable, such as at a restaurant. Don’t enquire from your children what they think of the new partner at this stage.

Once there is a moderate amount of affinity between the new partner and the children, then the partner may be allowed home visits. Be very careful when allowing new partners to sleep over during stays with the children. Be sure to consult the children at this stage. Find out what they think of your new partner, and encourage a prosperous relationship. To those parents whose ex has introduced a new partner; do not feel threatened by the introduction. Children understand that there is no replacing you as their parent, and the new partner may actually be beneficial to all parties involved.

If you are concerned about your children’s health during the stage whereby new family members are introduced, feel free to contact a mental health expert (such as a registered child psychologist) and/or a child custody attorney.

If you are looking for a child custody attorney in South Africa, don’t hesitate contacting Ivan Zartz Attorneys as soon as possible.

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Many women in South Africa fall pregnant with only an idea of who the father may be. In these instances, one of two situations may occur. These will be discussed below. However, these situations exclude instances when the mother was married during conception, in which case the father is believed by the court to be the husband unless proved otherwise through blood tests.

“I’m Not The Baby’s Father” 

Any man who had sexual intercourse with a woman at the time of conception is believed to be the father of the baby. This is discussed in detail in the Children’s Act, but ultimately it is the assumed father’s responsibility to prove to the court that there is  reasonable doubt toward the mother’s claim. If he does dispute the findings (the model case of paternity disputes) then further action is taken by the court.

At this point, the maintenance officer may approach the party in question and request that he take a paternity test at a clinic with the mother and the baby. This only gets considered if the man has provided the court with the evidence indicating reasonable doubt. If the party disagrees to blood tests, the court does not have the authority to enforce these terms, and the man’s legal credibility is threatened. If blood tests are taken, and the man is indeed the father, the court has the authority to instruct the man to pay maintenance.

“I’m The Daddy!”

In these cases, the case is not considered a paternity dispute and the process is pretty straightforward. The father is provided maintenance terms by the court. No tests are requested, leaving any alternative outcomes forgotten until brought up at a later stage or if at all.

In any event, women are advised to approach maintenance court with their grievances so that the matter can reach a settlement. A wiser choice would be to approach maintenance court with the assistance of a family law attorney.

For the assistance of one of South Africa’s finest family law attorneys, specialising in cases of child custody in particular, make sure you contact Ivan Zartz Attorneys today.

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Shared Ownership 

Common property is owned as an undivided share. This means that no owner has particular ownership of any part of the property. However, in monetary value, the proportion of the common property owned by each owner is proportionate to the quota of their respective sections owned. This means that if an individual owner owns 50% of the property value in sectional titles, in monetary value he/she owns 50% of the common property.

The Sectional Title Deed 

The deed to the sectional title outlines the laws regarding the use of the common property. It is here that the quota system is explicitly discussed, but also simultaneously explains the disposal of the property in association with the undivided property as a single unit. Furthermore, if insurance is taken out for a sectional title property, then that insurance also covers the undivided share of the common property ‘belonging’ to the sectional title owner. This is not necessary explained in the title deed, but rather applies in every event.

Common Property Resolution 

The owners of the sectional titles may, by a unanimous vote, direct the Body Corporate to either sell or lease a portion of the common property. This is done by a property resolution, and the resolution is drafted to include any necessary information referring to the property. This is the only time that a land’s deed can be changed from that of common property to otherwise. The Body Corporate is required to reregister the land and involve a Surveyor-General to agree to the repurposing.

There are a few more intricate and complex laws regarding common property, some of which are not understood widely by the entire Body Corporate or the owners of the sectional titles. Therefore, it is important that Body Corporates hire the services of attorneys to assist them in cases regarding sectional titles, and litigated procedures that involve property. In these events, make sure that you contact Ivan Zartz Attorneys. We are always willing to help!

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A sum of its parts

A sectional title, to put it rather simply, can be either a single building, a piece of ground, or a collection of buildings on a piece of property. If and when the building or property (and attached buildings) gets divided into sections with common property, this is considered to be a sectional title. However, a sectional title is more about the trusteeship between sectional title owners or property directors than the property itself, and the relationship and decisions between members of the trustee are largely governed by law.

Sectional titles have become exceptionally important in urban South Africa, where the demand for economical housing has driven the market to develop more apartments, townhouses and complexes, all likely to be subdivided and separately owned.

Common Property 

All the owners of the individual titles or sections are invested in the co-ownership of common property. Quite simple to understand; common property is all the property within a sectional title that can be used by all owners, trustees, and tenants. The Body Corporate of the sectional title is usually responsible for the maintenance of the common property, and they are also responsible for drafting rules and regulations determining the use of common property.

As can be expected, sectional titles involve many parties, agreements, and laws. As such, there is often misunderstanding between Body Corporate members or trustees of the sectional title. Sometimes disagreements lead to legal conflicts. In such cases, it is recommended that parties make use of sectional title attorneys to assist them. Ivan Zartz Attorneys is one such practice, available to anyone who requires help with regards to sectional title law in South Africa.

If you require our assistance, don’t hesitate to contact us!

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Limits To International Relocation 

It is important to keep in mind that if you travel overseas with a partner, then there will be restrictions regarding your movement out of the country with your child (whether brought to the country with your partner or born on foreign soil). In countries that are party to the Hague Convention, permission from both parents is required to move with your child elsewhere. This may even be the case if there was a written agreement before the move took place regarding the movement of children in the event of a breakup.

Father’s Domicile 

The domicile of the child’s father at the time of marriage is an important factor regarding relocation of a child after a divorce. The Hague Convention upholds the right that the laws inferred at the time of divorce are those in which the father/husband was domiciled at the time when the marriage contract was signed, even if the contract was signed in a different country. This may have far-reaching consequences for children and their relocation. For instance, the power of the prenuptial agreement is limited in the UK, and the courts in the country do not necessarily have to enforce the decisions made in the agreement.

Homebase 

When moving overseas, even with a foreign partner that you love dearly, make sure that you keep a permanent residence in South Africa in the event that you feel you need to move back to the country with your children. When appealing to a foreign court to be able to move back to the country, proving that you have a permanent domicile will greatly improve your chances of relocating. This may be tricky regarding expenses, but co-owning a home with close family members (like your parents) can help you in this case.

Consult a Professional

This is the most important tip! Do not, under any circumstance, attempt to leave a foreign country with your children in tow. You are likely to be found guilty in a foreign court of child abduction according to the Hague Convention international laws. Consult with a legal professional and child custody attorney whether in the country of residence or your domicile country. Don’t be found guilty of a crime when you actually have the best interests of your children at heart.

For more information regarding child custody in South Africa, why not contact Ivan Zartz Attorneys. Make us your first choice regarding all cases of child custody in South Africa. Simply fill out the enquiry form on the contact us page, and we will get back to you.

Take a look at our child custody as well as our Hague Convention page for more information regarding these issues in the country.

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