- An Application for the substitution of an existing maintenance order is made at the Maintenance Court. A “Form B” in terms of the Maintenance Regulations.
- The Applicant must state the reason or cause that she relies on for requesting the substitution.
- Full details of the Applicant’s assets, income and monthly expenditure in respect of herself and the children will have to be provided.
- An investigation is launched, followed by a formal enquiry.
- The parties involved will be subpoenaed to appear in Court where evidence will be presented under oath.
- The Magistrate will then consider the evidence presented to him/her and may make an order substituting the existing maintenance order.
Posted in: Family Law