Cape Town defence attorney, George Petrus van der Schyff of the firm Buks van der Schyff Inc, situated in Lula Street, De Tuin, Brackenfell, Western Cape, faces criminal charges for failure to comply with a High Court Divorce order issued in 2001 in respect of maintenance for his two minor children. The criminal charge, under Section 31 of the Maintenance Act 99 of 1998 is under investigation with the Pietermaritzburg Detective Branch. Should van der Schyff be found guilty of the offense, he faces inter alia a term of imprisonment.
Van Der Schyff has also been subpoenaed to appear before a Pietermaritzburg magistrate on Tuesday 26 August 2014, for a full financial inquiry as to his present circumstances. Further under investigation is van der Schyff’s unsubstantiated claim to have been placed under “Debt Counseling” by his friend and former clerk, Wynand Basson; court application and order allegedly being granted within two weeks of application. Attempts to obtain official court records of this “application” have thus far proved futile.
van Der Schyff owes almost R70000 in respect of unpaid expenses for his two daughters, and has thus far, refused to comply with a previous court order by Magistrate Dathoo in 2011 to produce financial and audited statements. On Monday the High Court authorized a warrant of execution against van der Schyff’s assets.
van der Schyff is the owner of, inter alia, a Mercedes Benz C Class luxury motor vehicle, and is the registered owner of immovable property, operates his business independently with a number of clerks/associates in his employ.
According to his website he specializes in Criminal Defense Law and Family Law issues such as divorce, custody, and maintenance matters.
Parents:- For more information and advice if you are fighting this seemingly losing battle please visit:
If the non-custodial parent does not pay maintenance, even though being issued with an order, the court can instruct his/her employer to deduct the monthly amount directly from his/her salary. A parent who refuses to pay any child maintenance risks having their personal possessions seized and sold, the proceeds of which will be paid to the custodial parent. Although the courts are against sending a person to prison for non-payment of maintenance, the offender runs the risk of facing a prison sentence.