There is a common misperception that when one parent does not pay maintenance for a minor child the other parent may withhold contact between the minor child and the parent who has an obligation to pay maintenance.
These are two different legal disputes and should not be confused therewith that they walk hand in hand together.
Maintenance related disputes are regulated in terms of the Maintenance Act 99 of 1988 whereby the legal duty and obligation of parents to maintain their children are set out. Not paying maintenance can lead to an emoluments order, garnishee order, attachment of debt or warrant of execution against the defaulting party.
Contact between a parent and a minor child is regulated in terms of the Children’s Act 38 of 2005 various factors are considered as to what contact arrangement will be in the best interest of the minor child. Withholding one parent from contact with the minor child is a criminal offence and can be punishable by a fine and/or imprisonment.
Article by Waldick Inc.
