Children's Act, 2005 (Act No. 38 of 2005)RegulationsRegulations relating to Children's Courts and International Child Abduction, 2010Chapter V : Miscellaneous36. Contribution orders |
(1) | A clerk must, at the request of the presiding officer of the court, issue a summons on a form which corresponds substantially with Form 12 of the Annexure, calling on a respondent to appear before the court at time and stated in the summons in order to show cause why a contribution or attachment of wages order should not be made against him or her, as provided for in section 161 of the Act. |
(2)
(a) | A notice of an application by a presiding officer of the court for the variation, suspension, rescission or revival of a contribution or attachment of wages order shall be on a form which corresponds substantially with Form 13 of the Annexure and must be duly served on the respondent. |
(b) | An application by a respondent for the variation, suspension, rescission or revival of a contribution or attachment of wages order shall be made on a form which corresponds substantially with Form 14 of the Annexure, and shall be lodged with the clerk or the presiding officer of the court, as the case may be. |
(3) | A summons referred to in subregulation (1) and a notice referred to in subregulation (2)(a) shall be— |
(a) | served personally on a person by a sheriff, clerk, or a person authorised by the presiding officer of the court; |
(b) | submitted to the person by registered post; or |
(c) | served or submitted in any other manner as directed by a presiding officer of the court. |
(4) | A contribution order or a provisional contribution order shall be made on a form which corresponds substantially with Form 15 of the Annexure, and a certified copy thereof shall be handed to the respondent or be sent to him or her by registered mail. |
(5) | The clerk shall send a copy of the said contribution order to— |
(a) | the Director-General: Social Development; and |
(b) | the social worker involved in the case. |
(6) | An order to an employer in terms of section 165 of the Act for the deduction of an amount from the wages of respondent in compliance with a contribution order shall be made on a form which corresponds substantially with Form 16 of the Annexure and a certified copy thereof shall be handed to the respondent or be sent to him or her by registered mail by the clerk. |