Archive for the ‘Divorce advice’ Category

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 ...

What you should know about child custody battles

September 26, 2011  |   Divorce,Divorce advice,Divorce law   |     |   0 Comment

What you should know about child custody battles

Child custody battles is a process in which a judge decides who gains custody of children, during a divorce. Often when a couple decides to divorce, children are involved if the parents are not communicating with each other, a judge decides who will gain custody. Child custody battles involve minor children; they are under 18 years of age therefore, they cannot decide on their own. Divorce is a painful process to endure, and when a couple is involved in a divorce, children most often are torn between both parents. The battle is often about both parents wanting to gain full custody of the children.  Usually, mothers are given custody of children, as they are considered to be the best care givers.  But, it seems that it is no longer the case the court decides what is best for children involved during a custody battle. A person affiliated with the court, or a social worker, spends time with both parents. An evaluation of parents takes place, to determine who is the most suitable and responsible parent.  The judge will decide if the child should stay with one parent, a family member, or ...