MAINTENANCE ACT (as amended, as at 01-01-2005) (a) is frivolous or vexatious, it shall summarily and without holding an inquiry in terms of subsection (6) order that the application be dismissed; or (b) is not frivolous or vexatious, it shall direct the maintenance officer to cause a notice to be served in terms of subsection (3), and subsections (6) to (8) shall thereafter apply and be followed. (6) On the day specified in the notice referred to in subsection (3) the maintenance court shall inquire into the application or may refer the inquiry to the maintenance court of the province or district where the person in whose favour the order or direction, as the case may be, was made, is residing. (7) If the maintenance court holding an inquiry in terms of subsection (6) is satisfied that— (a) there are no longer any reasons for the direction or order remaining in force, it may discharge the direction or order; or (b) the means or circumstances of any of the parties have altered since the making of the direction or order or any variation thereof, it may vary the direction or order subject to subsections (3), (4), (5), (6) and (7) of section six which shall apply, mutatis mutandis, in relation to any such variation; or (c) the manner in which payments are to be made under the order or direction should be altered, it may vary the order or direction appropriately, subject to subsections (5), (6) and (7) of section six, which shall apply, mutatis mutandis, in relation to any such variation. (8) An inquiry referred to in subsection (6) shall be held in the presence of the responsible person or in his absence upon proof of the service upon him of the notice referred to in subsection (3). 9 Application for direction against employer (1) Any person in whose favour an order has been made may apply to the maintenance officer of the maintenance court where the order is for the time being registered in terms of section eighteen for a direction to be made against the employer of the responsible person. (2) Upon an application referred to in subsection (1) being made to him, the maintenance officer shall issue a notice upon the responsible person and the employer, calling upon them to appear before the maintenance court on a date to be specified in the notice and to show cause why the direction should not be made or to consent to the making of the direction. (3) On the date specified in the notice referred to in subsection (2) and in the presence of the employer and the responsible person or in the absence of either or both of them and upon proof of the service of a notice upon the absent party or parties, as the case may be, the maintenance court shall inquire into the matter and may make a direction against the employer to make such payments in terms of the order, including any arrears, as the court may specify. 10 Adultery Where a spouse is proved to have committed adultery before or after the making of an order and such adultery has not been condoned, the maintenance court may refuse to make an order for maintenance in favour of such spouse or may discharge an order for maintenance made in favour of such spouse. 11 Termination of order (1) Subject to subsection (4), an order made in favour of a child shall, with respect to that child, cease if and when— (a) the child dies or is adopted by another person; or (b) in respect of the marriage between his parents, an order of divorce or judicial separation or decree of nullity is made which includes an order for the maintenance of the child; or (c) the child marries; or (d) subject to subsection (2), the child attains the age of eighteen years. (2) A maintenance court where an order is for the time being registered may, upon an application being made to it by or on behalf of a child who attains the age of eighteen years and in whose favour an order has been made and upon due inquiry to which section eight shall apply, mutatis mutandis, extend the order for such period and on such terms as the maintenance court thinks fit. 5

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