As the economic recession continues more and more South Africans find themselves racking up plenty of debt with insufficient income to sustain their lifestyles. Keeping up with the Jones’ comes at a price and soon individuals find themselves in an uncomfortable position trying to fend off creditors.
If the debt trap becomes deeper and deeper one’s creditors may bring an application for the sequestration of that person’s estate.
If a person is sequestrated what effect does that have on a maintenance order for children??
None. The maintenance order will remain unchanged and the individual will be expected to comply with his/her maintenance obligations. If he/she fails to do so the maintenance courts may be approached for the necessary relief for arrear rental.
It is up to the person who was sequestrated to approach the maintenance court and make the necessary application for a reduction in the monthly maintenance amount.
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