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ANTHONY INC
Legal in Port Elizabeth

www.anthonyinc.co.za
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Remember you found this company at Infoisinfo 041582515?

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9 Bird St. Central. Port Elizabeth. Eastern Cape. 6001
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What you should know about ANTHONY INC

Maintenance in Port Elizabeth, Legal Services in Port Elizabeth, Attorneys in Port Elizabeth, Civil Matters in Port Elizabeth

Family litigation practice specializing in all family matters - divorce, property transfers, adoption, custody, maintenance & other civil litigation matters.

Joanne Anthony-Gooden is a Divorce and Family Law Attorney in Port Elizabeth and was admitted as an attorney in Joanne Anthony-Gooden is also a member of the Family Law Forum for the Cape Law Society. A child is entitled to reasonable maintenance for the essential needs for himself or herself, for example, clothing, housing, food, education and medical care. Both parents have the legal duty to maintain the child according to their respective means. Every Magistrate’s Court in South Africa also has a Maintenance Court, which deals specifically with all maintenance issues. You are not asking the mother or the father of your child or children to maintain you, you are asking that the other parent maintain your child or children because you are the primary care giver of the child or children. After your calculation has been done, you will then return to point number 4 and after having regard to the total need (expenses) of the child(ren), you will insert an amount under AMOUNT that you wish to claim for, the name of your child(ren) and the birth date of your child(ren). At this stage, the Maintenance Officer, your Attorney and yourself, do not know the true income of the Respondent and the Respondent’s true financial position. It is vital that you keep proof of all expenses in order to prove to the court the child(ren)’s and household expenses are in fact the position as claimed in your application for maintenance. At the informal, you, your attorney, the Respondent and his/her legal representative together with the maintenance officer will have an informal meeting in the maintenance officer’s office. Should the amount of maintenance that is being paid to you by the father or mother of the child(ren) not meet the sufficient needs of the child(ren), you will need to apply to court for a substitution of the existing maintenance order. This means that you will be applying to the Maintenance court for an increase in the monthly maintenance amount that you receive from the mother or father of your child (ren). You will then continue to list any additional contributions that are made towards the child(ren). Point number 3 they are asking you why should you receive an increase in maintenance for the child(ren) or why are you seeking a reduction of maintenance in terms of the existing order. The Maintenance Officer needs to enquire at your court date as stipulated in the Directive as to the reasons for you seeking an increase or decrease in maintenance. When applying for an increase in maintenance, you would firstly need to determine the reasonable need of the child(ren) on a monthly basis. There would need to a change in either parent’s financial situation in order for your application to be entertained. Proof of the allegation made to the reasons for the maintenance of the child(ren) to be increased or decreased will be the most important factor and determining factor as the time the process of the application can take. Maintenance will need to be reviewed regularly, depending on the changing needs of the child or the financial position of the parents. Changing circumstances such as a rise in the cost of living and other factors can necessitate that a variation is required of the existing maintenance order. A maintenance court can make the following orders - Either parent can apply to the Magistrate’s Court where the children reside for a variation of the current maintenance order, but only if there is a material change in their circumstances. A child is entitled to reasonable maintenance to provide for clothing, housing, dental and medical care, education and training, and, entertainment as well as other necessities of life in line with their social position, lifestyle and financial ability of both parents. Both parents have a duty to maintain the child proportionately, that means pro rata according to their respective incomes. A parent’s duty to support his child arises out of operation of law.
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