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effect of an order made in a civil action. Thus, for example,
maintenance and arrear maintenance may, like any other civil debt,
also be enforced in the ordinary courts.
. Further, the Act makes provision for several new and/or improved
mechanisms to enforce a maintenance order. The provisions of the Act
can be invoked even before a maintenance debtor is convicted of the
offence of failing to make a payment in accordance with a maintenance
order. The Act provides that if a maintenance debtor fails to make a
payment in accordance with a maintenance order within 10 days from
the date on which the payment becomes payable, the maintenance
creditor may apply for:
(1) the authorisation of a warrant of execution against the
maintenance debtor's property;
(2) an order for the attachment of emoluments due to the
maintenance debtor (that is, attachment of his remuneration for
employment, such as his salary, wage, or allowance, regardless of
whether or not is it expressed in money); or
(3) an order for the attachment of any present or future debt owing or
accruing to the maintenance debtor.
With regard to the enforcement of maintenance orders you further need to
study your prescribed case Bannatyne v Bannatyne on pages 102±109 of the
casebook.
5 THE MATRIMONIAL HOME
On page 65 of the textbook it is explained that the matter of occupation of
the matrimonial home is closely related to the duty of support. Note that,
as a result of the marriage, both spouses have the right to occupy the
matrimonial home, irrespective of how they are married, and irrespective
of which spouse owns or rents the matrimonial home. Further, make sure
that you know when and in which manner a spouse may be ejected from
the matrimonial home.
6 PARENTAL AUTHORITY
On page 66 of the prescribed textbook it is explained that both parents
have equal guardianship over their legitimate child. (Parental authority is
discussed in detail in study unit 26.)
ACTIVITY
Indicate whether the following statement is true or false:
Only the father acquires guardianship over his and his wife's legitimate
child(ren).
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