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Attachment of retirement fund benefits for Maintenance

May 14, 2012  |   Divorce advice   |     |   0 Comment

Attachment of retirement fund benefits for Maintenance

If your ex-spouse has been regularly defaulting on maintenance payments and you are aware that they have a pension fund or retirement investment, it is possible to apply to the courts for an attachment order to cover the outstanding maintenance from the proceeds of a retirement investment. This type of claim is a complex claim from a procedure point of view as both the maintenance act and the Pension Funds act need to be taken into account when making the claim. It is highly recommended that you make use of a competent attorney when undertaking such a step. It is also possible to prevent a member from withdrawing pension fund benefits by making the correct notifications to the Fund to withhold the benefits pending the outcome of an arrears maintenance hearing. It is important to take this step as once a member has taken the pension benefits, they are no longer in the hands of the fund and the onus will then be on you to attache from the relevant bank or the individual personally. It is important to note that the Pension Funds act makes specific mention of "Maintenence and Tax" as reasons that retirement benefits can be used to pay. The ...

Understanding children’s behavior post divorce

October 25, 2011  |   Divorce advice,Post divorce   |     |   0 Comment

Understanding children’s behavior post divorce

Nowadays divorce has become part of life and in most schools many children realise that they are not the only ones whose parents are divorced but does this mean that children have adapted well to divorce? Children are interesting and parents forget that they too were children.  This means to say that being secretive and confiding in friends rather then parents is the norm for children.  If your child is not talking to you about the issue of divorce it does not mean that it is not impacting on their psyche in some way.  It is important to ask teachers about your children’s behaviour at school, maybe observe how they respond to friends or the opposite sex. Parents not only have to monitor their children’s behaviour but their own behaviour as well. This means that some parents can accept the fact that they no longer have a partner and therefore continue to live their lives as they always have by keeping their routine and healthy habits in check or they can become resentful and start acting out. This means that some parents try and relive the time before they were married ...

Child Maintenance Order and the Calculation of Child Maintenance

October 19, 2011  |   Divorce law   |     |   0 Comment

Child Maintenance Order and the Calculation of Child Maintenance

In recent months child maintenance and the problem that some custodial parents are having in the collection of maintenance that is owed to them has been highlighted in the media with the arrest of a number of wayward parents who have been avoiding their maintenance obligations. A maintenance order is an order of court that cannot just be ignored without serious consequences which can include jail terms. A maintenance order is however not cast in stone and a parent who is obliged to pay maintenance and whose circumstances have changed can have the order varied but this can only be done by the courts. If parents agree to a variation in the amount of maintenance or the form that the maintenance payments are made (eg. paying school fees directly to schools as opposed to paying the custodial parent) this still needs to be approved by the court and made an order. Irrespective of how good your relationship is, have it legally varied and a new order issued, things change. In order to calculate maintenance we suggest you read the "how to calculate child maintenance" article which will give all of the tools you need to effectively calculate child maintenance. In short, ...