Maintenance Order Application Steps

Summary

In South Africa, you can file for a maintenance order at your nearest magistrate court under the Maintenance Act 99 of 1998. Maintenance and visitation rights are separate; non-payment of maintenance does not affect visitation rights. If your divorce settlement is not yet in place, consider including clauses for medical aid coverage. Consult a local attorney for personalized advice.

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Me and my husband are seperated. He dont pay maintenace
I'm sorry to hear about your situation, ****. Can you please tell me in which country or state you are currently residing? This will help me provide you with the most accurate legal information.
South Africa
Hello ****, in South Africa, you have the right to get maintenance from your separated husband. You can file for a maintenance order at your nearest magistrate court. The Maintenance Act * of * governs these issues.
Do he need to see his child if not paying maintenance
In South Africa, maintenance and visitation rights are separate issues.
- A parent's duty to pay maintenance is not dependent on their visitation rights.
- Similarly, a parent's right to see their child is not dependent on whether they are paying maintenance.
- Therefore, even if he's not paying maintenance, he still has the right to see his child.
Okay,he took me of medical aid before divorce
****, could you please clarify if you were covered by your husband's medical aid plan prior to your separation? This will help me provide the most relevant information. In South Africa, issues of medical aid during and post-divorce should ideally be addressed in your divorce settlement agreement.
Yes was covered by husband medical aid
Did your divorce settlement include any agreements regarding continued coverage under your husband's medical aid plan after separation?
We have no divorce settlement in place yet
In this case, you may want to consider getting legal advice on what to include in your divorce settlement. Would you like me to provide you with some general tips on what you could include in your divorce settlement regarding medical aid?
Please?
Sure, ****. Here are some points you could consider including in your divorce settlement regarding medical aid:
- Continuation of coverage under your husband's medical aid plan.
- Sharing the cost of your own medical aid plan.
- Including a clause that states your husband should pay for your medical expenses until you are covered by another medical aid plan.
Okay
****, would you like to know the steps to apply for a maintenance order or any more details about your rights regarding medical aid and maintenance?
Yes
Great, ****. To begin with, could you let me know if you would like information on how to apply for a maintenance order, or more details on your rights regarding medical aid and maintenance?