What this involves
This most often continues on from a divorce matter we already hold, but you do not need an existing file with us to raise it — tell us below and a named Attorney will pick it up from there.
We keep a running ledger of what was ordered, what was actually paid, and the shortfall each month — this record is what the Maintenance Court relies on when deciding an enforcement application, so accuracy from day one matters.
An emoluments attachment order (EAO) instructs the payer's employer to deduct the maintenance directly from their salary and pay it to the court or the recipient, which is often the most reliable enforcement route once wilful non-payment is established.
Wilful failure to pay maintenance is a criminal offence under section 31 of the Maintenance Act, and a pattern of default can also support a section 26 warrant of execution against the payer's property, alongside or instead of the EAO route.
How long does it take?
A letter of demand can prompt payment within days. A formal enforcement or EAO application through the Maintenance Court usually takes 4 to 8 weeks to be heard and granted.
What will it cost?
R4 500 to R12 000 excl. VAT
Covers: Letter of demand and preparing an enforcement application.
Based on 3 to 8 hours of Attorney time at our rate of R1 500 per hour, excluding VAT.
This is an estimate, not a quote. The final fee depends on the facts and how complex your matter turns out to be, and your Attorney confirms it in writing before work starts. Court fees, sheriff’s fees, counsel and other disbursements are charged separately.
Ask for a firm quoteThis page is general information, not legal advice for your situation. See our Disclaimer.