Child Maintenance – Articles and Posts

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Child Maintenance Articles and Posts

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Family Law Questions and Answers

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Strategies Child Maintenance Case

Strategies to deal with your child maintenance case – Focus on Reasonable and Necessary

How do I strategies my child maintenance case? I am struggling to grasp how to approach my maintenance matter. Please give me some advice? As with any legal matter where you have a dispute, you need to have a strategy or a plan to be successful. Without a strategy or plan, you are just hoping for the best. However, hope does not steer a boat to shore. There are some, and in most cases, a lot of work, planning and thinking. Let's face it, the other party or parent in your legal matter also has a plan or strategy. Suppose they put the necessary energy into executing it for the intended results, or at least more than what you are putting into it; their results will favour them much more. That is so, despite all the hope you put into it. Understand the maintenance laws and how it works But before we move on, with any plan or strategy, comes knowledge. It would do little good if you did not research how child maintenance works, the legal process, and what outcomes are possible. With all the information online, it is expected that you would watch some online videos on child ...
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Child Custody, Maintenance, Divorce, Relocations and other Questions and Answers

Child Custody, Maintenance, Divorce, Relocations, and other Questions and Answers Our Lawyer (Pty) Ltd provides professional legal advice to their clients through the following options: Face to Face (At our location in Cape Town); Telephonic (We call you on the South African Landline / Mobile number provided); Video (We make use of Skype, FaceTime, and WhatsApp Video Call) If however, you have a quick and simple family law advice question you wish to ask, feel free to post it below. There would, therefore, be no need to set-up a consultation and pay a fee. The question may relate to any of the following: Child Maintenance; Child Custody; Divorce; Relocation of minor children; Change of minor children's surname; Guardianship rights; Passport consent issues; Domestic violence; Parenting Plans; and so on. Useful family law Articles Below are a few useful articles written by us. Child Relocation, Passports, Custody, Surname Change, and the High Courts – Simplified What does Child Relocation, Passport disputes, Custody issues, and surname changes have in common? They are all matters which a court of law resolves if the parties cannot do so. Other than child custody issues that can be resolved by the Children’s Court, disputes in relation ...
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Maintenance Defaulters – Cape Town

Failure to comply with a maintenance order First of all, what is a maintenance order? A maintenance order is a direct instruction from the court to the parent, to pay child maintenance/child support. Maintenance defaulters very seriously and therefore, failure to comply with the order is classified as a criminal charge. This implies that the order is legally enforceable – in other words, the court can, and will intervene. The defaulting parent can therefore lay a criminal charge at the court after they have applied for a maintenance order at the Magistrates Court. Maintenance Court Procedure Every local area will have its own magistrate’s court which is also a maintenance court that deal with maintenance legal matters. You may visit your closest magistrate’s court in which the maintenance officer will advise you as to what to bring along. When trying to claim for maintenance or apply for an order, you will need to bring along: Your identity document Your child’s birth certificate A payslip to show what you earn Bills and receipts that could be of help The name of the other parent, place of work, and other relevant details A recent photograph of the other parent, if you have ...
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Child Maintenance Advice – Cape Town

Maintenance Court Cape Town There are number of child maintenance courts in your local area in Cape Town. Below are local maintenance courts that could be close to your area: Athlone Maintenance Court Mitchell’s Plain Maintenance Court Wynberg Maintenance Court To claim child maintenance/child support, you should visit your closest maintenance court in your area. Maintenance Court Procedure Find out where about is the closest magistrates’ court in your area and pay them a visit. When visiting the Maintenance Court, bring along the necessary documents such as: Birth certificate of your child/children. Your identity document. Proof of residence. A divorce settlement. Proof of your monthly income and expenses. The personal details of the parent required to pay maintenance such as their name, surname physical and work address. Copy of your bank statement. In attempt to claim maintenance, you will have to fill in a detailed form stipulated by the Magistrate’s Court. This form shall request all details regarding your income and expenses. Lighter expenses such as entertainment and pocket money are also included. Expenses of parents and the child are however, listed separately. The court however, will take a number of factors into consideration when stipulating the amount of maintenance ...
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What is the procedure to dispute child maintenance because I am not happy with the maintenance officer’s ruling

Questions posed when registering on www.ourlawyer.co.za/live Question 1: Gauteng What is the procedure to dispute child maintenance because I am not happy with the maintenance officer's ruling I want to take the matter back to court for formal enquiry in front of the magistrate? I have 3 minor kids aged 118 & 6. I have a bond paying 6000 - the officer said I can't claim for accommodation which I was not happy with because we are not staying for free. Grocery of R3200 electricity R900 municipal water rates and taxes R1200. Domestic Worker 2500 school fees R3030 school transport R1800 medical aid 3060 uniform clothes twice a year. Stationery. House maintenance household expenditure. I want to dispute the order because the officer was baised. The officer told me that I can't claim for accommodation because its my bond so it's my problem. The officer said the domestic Worker work at my house. Worst part none of our documents were scrutinised. I felt so frustrated angry and helpless. The officer decided that the father will pay for school fees school transport stationery school uniform and clothes twice a year. I am still doing more and I am earning way less ...
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Paternity Disputes and Testing and the law

Paternity Disputes and Scientific DNA Testing – Children Matters (Maintenance and Custody)

Paternity disputes and Scientific DNA Testing in Child Legal Matters Paternity disputes are not uncommon in our courts of law. What sparks them varies, however, all disputes are messy. For one, the mere allegation that he is not the father of the child may directly or indirectly affect the dignity of the mother, and that of the child. In other words, it is suggested that she had more than one sexual partner at the time, and the child was born from such a relationship. Nonetheless, the issue can speedily be resolved through scientific DNA testing. Paternity - Legal Settings There are two common legal settings where a parent (or alleged parent) would dispute paternity. The one would be in a child maintenance dispute, where the father alleges that he is not the biological father of the child, and therefore cannot be ordered to pay child maintenance. The other situation would be in a child custody or visitation dispute. Here the mother would allege that the man is not the father, or he denies paternity. Paternity Dispute Scenarios There are other scenarios where paternity can become an issue. One would be in the case of inheritance. A parent would allege that ...
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Failure to pay child maintenance – Cape Town

Non Compliance with Court Order Divorce All parents ought to see to their children’s needs whether married or unmarried. The court however, need not intervene when parents have informally agreed to see to the maintenance of the child. Most times however, divorced parents do not see eye to eye and seek the court’s intervention for child support. Our law offices boast a well experienced family legal expert who can offer you quality legal advice in child maintenance, child custody and divorce legal matters. During our years of experience, we’ve found that parties usually resort to a maintenance order when they don't see eye to eye. A maintenance order is a direct legal instruction for the parent to pay child support – failure in doing so is a serious offense. For free professional, legal expert advice on non-compliance with maintenance orders, click on our child maintenance articles below: Child maintenance questions: how much should I pay or contribute as a parent? Child maintenance support claim and answers. Child support or maintenance claims: does an unemployed father pay? How to apply for child maintenance at court: a step by step guide. Maintenance defaulters Non-compliance with maintenance orders - civil and criminal Our ...
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My child is 22 years old, do I still have a legal obligation to pay child maintenance?

I need to know, when does a parent's obligation to pay child maintenance end? Paying child maintenance, or maintaining their child, is the legal obligation of every parent. A parent does not have a choice in this matter. However, the level and standard of contribution are dependent on the means of the parent. In this article, we will look at the aspect of when does child maintenance come to an end. In this regard, we will look at two situations, one where there is a maintenance order in place and the other where there is not. However, before proceeding with those issues, let us first deal with the issue of who should pay child maintenance. Pay child maintenance according to your means The law expects a parent to provide child support according to their respective memes. What this entails, is that a parent should only pay what he or she can afford. Therefore, even if a child requires a huge amount of child support, if a parent cannot afford to provide, he or she will not be held responsible. Therefore, the other parent would have to support the child according to his or her means. In applying this principle in ...
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Child Maintenance and Child Support

How to Apply for Child Maintenance at Court – Step by Step Guide and Advice

ABC guide to applying for Child Support/Child Maintenance Child Maintenance Guide: Written by Advocate Muhammad Abduroaf The procedures to be followed in instituting a complaint for child maintenance are regulated by the Maintenance Act 99 of 1998. Below is a simple “ABC” guide to get you started in claiming maintenance for yourself, your children or dependents. This I wrote in order to encourage people to claim needed maintenance for their children or for themselves. Remember, the Maintenance Court would be more than happy to assist you with whatever other legal queries you may have. Before I deal with the simple steps that should be followed in claiming maintenance, I shall first deal with the following question: Q: From whom may maintenance be claimed? A: Maintenance may be claimed from persons who have a legal obligation to maintain you. For instance, children can claim maintenance from their parents or a wife from her husband and visa versa. Seeing that children are minors, they are assisted by their parent or guardian through the maintenance process, but in actual fact, it is the child who is claiming. For the purposes of the steps below, I shall structure it as if a parent or guardian is ...
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Amendments to the Maintenance Act – Final Changes that took place in 2018 – Know your rights

Amendments to the Maintenance Act – Changes that took place in 2018 – Know your rights

Amendments to the Maintenance Act – Final Changes that took place in 2018 – Know your rights Parents have a legal obligation to maintain their children. The same applies to spouses who have to maintain each other, and so on. This obligation should be exercised naturally. In other words, even if a parent did not know of the law enforcing child support, he or she should have a natural inclination to do so. Unfortunately, the true reality is that it is not the case. Countless parents are taken to the maintenance court every year due to not supporting, or inadequately supporting their children. And to be fair, there are parents who abuse the maintenance process who takes the parent to court who is already adequately contributing. Now, for the maintenance enforcement process to function, working mechanisms need to be in place. This is where the Maintenance Act 99 of 1998, and the Maintenance Amendment Act, 9 of 2015 come into play. Read on to learn more. The Maintenance Act 99 of 1998 Since or about 1998, the Maintenance Act 99 of 1998 was the main piece of legislation that was used for parents to obtain maintenance for their children. Other ...
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Child maintenance questions and answers useful to read

I have a daughter who is 3 years old. I'm having a problem the father of my daughter doesn't support the baby every month he only deposit the money when he want. I am afraid he can leave South Africa without support her. He is from Swaziland. We advise that you approach the Maintenance Court in our area as soon as possible. If u take him to small Court u open an easy way to him to see had s child. I have been paying my maintenance ( avoiding more blackmail) since birth though not in time but never skipped a month for the past 05yrs. Now she just had another baby she decides to take me to maintenance as i refuse to double what i have been paying all this years and not just money, clothes included and a luxury pram. Now she want to go into my finance knowing very well my wife or family knows nothing bout this. She had the baby against my will. She misled me to think she was not pregnant, when I found and gave money for morning after pill and abortion. I feel like the law is protecting criminals in my case ...
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Rule 43 Applications - Western Cape High Court

Rule 43 Application – Maintenance Pendente Lite – High Court – Cape Town

Rule 43 Application - Maintenance Pendente Lite - High Court - Cape Town Whilst you are in the process of divorcing your spouse, you may require the Western Cape High Court to assist you with regard to maintenance, or contact with your child. You may want the Court to Order t your spouse pays a portion of your legal fees, as well. This can all be done while the divorce is still pending. In the High Court, the court procedure to follow is outlined in its Uniform Rule 43.  That is where the term "Rule 43 Applications" come from. Family Law Questions and Answers Should you not find what you are looking for, feel free to post your questions on our blog, by clicking on the following links: Divorces – Questions and Answers Child Custody – Questions and Answers Child Maintenance – Question and Answers Domestic Violence – Questions and Answers You are welcome to call us on 021 424 3487 / For other legal and business services, feel free to visit: Business SA or Private Legal. Below was provide you with the entire rule 43, as well with an example of the Notice when making use of the rule. The ...
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Child Maintenance Court Appeals and the Law

I am not happy with the Maintenance Order granted by the Maintenance Court. Can I Appeal a Maintenance Judgment?

What do I do if I am not happy with the maintenance court judgment? Is it possible to appeal it? If yes, what are the steps and laws involved? Child maintenance or child support is the right of every child. It is not only a legal right, but a moral duty on all parents to adequately care and provide for their children. Unfortunately, not all parents uphold their duty and responsibility to adequately maintain their offspring. This is a very sad reality. If this is the case, a parent having primary care needs to approach the Maintenance Court for a Maintenance Order against the other parent. This would force the parent neglecting his or her child to pay child support. You may also consider reading the following articles on maintenance court appeals: What do I do if I am not happy with the maintenance court’s ruling? Is it possible to appeal the decision? Successful Child Maintenance Appeal before the Full Bench Argued by Adv M Abduroaf Options parents have when it comes to claiming and enforcing child maintenance orders If a maintenance order has been made, and a parent against whom the order was made does not comply with its ...
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Child Maintenance Saga: How a mother forced the father of her child to pay maintenance after battling for 5 years

Maintenance: What a mother did to force the father to pay child support after 5 years

Child Maintenance Saga: How a mother forced the father of her child to pay child maintenance after battling for 5 years Maintenance Saga: When Jill was 17 years old, she met Jack. He was much older than her, working, and very charming. Jill was in her final year of high school and in love with Jack. One thing led to another, and Jill fell pregnant with his child. When she told Jack the good news, he asked her to have an abortion. She refused. Jack was then out of the picture and nowhere to be found. She did not know where he stayed, nor did she have his work details. All she had was his mobile number. This number was useless as he blocked her. The furthest thing from her mind at the time was the issue of child maintenance. Parents finding out Needless to say, things did not go well for Jill. Other than having to keep the fact of her pregnancy from her parents, she also had to deal with morning sickness and weight gain. After the first trimester, her parents knew something was wrong and confronted her. She told them she was pregnant. Things then just got ...
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There is NO Child Maintenance Payment Holiday during the National Lockdown Period!

TAKE NOTE! There is NO Child Maintenance Payment Holiday during the National Lockdown Period!

There is NO Child Maintenance Payment Holiday during the National Lockdown Period! If the other parent is refusing to pay child support during the National Lockdown period - what can you do? South Africa is now in a state of National Lockdown. As things stand at present, children are not to be moved between homes during this period. This is to limit the spread of COVID-19 / Coronavirus. A lot has been written on the topic of moving children during the lockdown period by co-holders of parental responsibilities and rights. Have a look at a few of these articles written by Our Lawyer on this topic: Parental responsibilities and care during the coronavirus lockdown in South Africa – The uncertain questions that cannot and should not be answered today (24 March 2020) Co-parenting during the South African National Lockdown period – What does the law say? – The good and the abuse (4 April 2020) Latest regulations regarding the movement of children during the National Lockdown – 30 March 2020 (6 April 2020) Update: 07 April 2020 NEW LOCKDOWN REGULATIONS REGARDING THE MOVEMENT OF CHILDREN – CERTAIN PARENTS MAY MOVE CHILDREN DURING THE NATIONAL LOCKDOWN PERIOD (7 April 2020) For ...
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Appeal - Grahamstown High Court Port Elisabeth

Successful Child Maintenance Appeal before the Full Bench Argued by Adv M Abduroaf

There is a Legal Responsibility on the Maintenance Magistrate and Maintenance Officer to actively partake and ensure that all relevant information is before the Court in a Maintenance Enquiry. On 16 May 2019, Advocate Muhammad Abduroaf flew up from Cape Town to Port Elisabeth to argue a Child Maintenance Appeal. The Appeal was before the Full Bench of the Eastern Cape Division of the High Court of South Africa, held in Grahamstown. It is the case of N v M (CA127/2018) [2019] ZAECGHC 73.  The Judges were Acting Justice S Rugumanan, and Justice I T Stretch. Advocate Abduroaf was instructed by Nicole Lawrence Attorneys of Cape Town. The appeal was argued on 17 May 2019. The Court increased the maintenance from R 1000 – 00 per month to R 5000 – 00 with costs. A 500 percent increase. The case showcases the responsibilities of the Maintenance Magistrate and Maintenance Officer to play an active role in a maintenance enquiry. Factual Background of the Case This was an appeal in relation to a child maintenance award made by a magistrate in a maintenance enquiry in the Port Elizabeth Maintenance Court. The maintenance enquiry was concluded on 14 November 2017. On 22 ...
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What do I do if I am not happy with the maintenance court’s ruling? Is it possible to appeal the decision?

What do I do if I am not happy with the maintenance court’s ruling? Is it possible to appeal the decision?

Appealing a Maintenance Court Decision or Judgment In its very nature, maintenance matters are complicated and never straight forward. For starters, it deals with the income and expenditure of both parents and the needs of the child. It is not easy for a maintenance court to determine with a high degree of certainty what the true income of a self-employed parent is. The same applies to the true expenses of a parent. Manipulating the maintenance system It is very easy for a parent to manipulate documentation or only present information which he or she believes would be in their favor. For example, if a parent earns extra income by selling clothing, he or she may decide not to disclose that information to the maintenance Court.  By doing so, the Maintenance Court will determine the maintenance of the child based on the incorrect facts presented. This could become more problematic when one parent knows of the other parent's additional income but cannot prove it. If the parties have legal representatives, this issue of improper disclosure is limited to a certain extent. For example, lawyers would be in a good position to do their own investigations and verify certain relevant information. Improper ...
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International Family Law matters, applicable to South Africa – Divorce, Child Custody, Maintenance

International Family Law matters, applicable to South Africa Divorces are not only limited to people living in the same country. Often, you will find that one spouse lives in South Africa and the other in a different country. They want to get divorced but do not know how to go about it. The question now is, which country and which court should divorce them? We regularly receive these types of queries from people living in the Middle East and the United Kingdom. The same problem arises in the case of parents living in different countries, but there are complications regarding contact and access to their minor children. Let's say, one parent, lives in Cape Town and the other in Taiwan. How does the parent living in Taiwan enforce his contact rights to his child in South Africa? Does he or she approach the court in Taiwan? Or should he or she approach the Court in South Africa? And Lastly, there is an issue regarding child maintenance. What happens in the case where one parent lives in Cape Town and the other in New York? How does child maintenance work? Can the parent living in Cape Town with the children obtain ...
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Child Maintenance Court – What do you have to know to win. Tips and Tricks

Child Maintenance Court – What do you have to know to win. Tips and Tricks

Child Maintenance Court – What do you have to know to win. Tips and Tricks Best interests of a child: When it comes to child maintenance, the child’s best interests are of paramount importance. This principle is immortalised in our Constitution and applied in our Courts of Law. Therefore, in relation to child maintenance matters, and specifically to the child maintenance court, the moment a parent files an application for child maintenance, the principal should apply. Before we move on, on a side note, it is not only child maintenance that the maintenance court deals with. A spouse may take the other to the maintenance court for personal maintenance. Read on above a Successful Child Maintenance Appeal before the Full Bench Argued by Adv M Abduroaf Parental Maintenance Obligations Both parents have a duty of support towards their minor child’s proper living and upbringing. This should be according to their means, standard of living, station in life, and the needs of the child. This is found in our common law and further applies to divorced parents. According to section 15(2) of the Maintenance Act, the duty “extends to such support as a child reasonably requires for his or her proper ...
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Free DIY Online Tools Divorced Child Maintenance Legal Resources

Free DIY Online Tools to get Divorced, apply for Child Maintenance, and other Free Legal Resources

Free DIY Online Tools to get Divorced, apply for Child Maintenance, and other Free Legal Resources Knowing the law is one thing, but knowing how to enforce and apply it, is another story. We all know that parents should pay child support; the law says so. But what do you do if a parent refuses to pay? This page provides assistance in three (3) aspects of family law. The first is regarding Divorce, then Child Maintenance, and the other, is that of contact to your child during the holiday season. We do advise that you make use of the services of a legal practitioner to assist you in your divorce matter or application for contact to your child. However, legal services costs money, which is not always available. Should you decide to make use of the resources provided in this post, and this website, we strongly advise that you obtain legal advise before proceeding. Do your own divorce If a marriage has broken down, and there are no reasonable prospects of the restoration of the normal marital relationship, a divorce may be the best solution. Having said that, there are certain proprietary and parental issues that needs to be tabled ...
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12 thoughts on “Child Maintenance – Articles and Posts”

  1. Hi there

    I want to know about appealing maintenance order. The curt has defaulted in payment of future maintenance for more than 3 mnths. I wawant to take the men to the Trust cause court system is causing us grief.

    Reply

    1. Good day
      we advise you approach an attorney ASAP with regard to appealing the maintenance order. There are timelines and processes that must be followed.

      Reply

  3. good day

    got divorced 3 weeks back and served with a mantanance summoned and i was mantainaning my child what will happen in court beacause the mother of the child work also

    Reply

  4. Hi there. I am immagrating to the UK from SA. I’m divorce and have a 15 year old son. His father has given me full consent to immagrate with our son. Does he still have to pay maintenance according to the divorce order if I live in the uk. What do I do if he doesn’t want to pay the maintenance ànymore?

    Reply

  5. Gooday.
    I just want to know if I can take my baby’s father to maintenance court even if my child receive child support grand, and the father denies her child as well, he never does anything for her and his family kicked us out like dogs calling me names that to go look for the father of my child now I am no longer working I am in need of help. Also I need test to prove all this lies, my child is now 1 year he never DD anything for her he once came to hospital and never heard of him,

    Reply

  6. I would like to find out if I can take my father to maintenance court, I am 20 year old student. My mom is the only person supporting me but I feel that she already has a lot to deal with since she pays everything and also has other responsibilities yet my dad on the other hand doesn’t even do a single thing for me.

    Reply

    1. Good day
      Yes you can take your father to the maintenance court. He has a legal obligation to maintain you if you cannot yourself. This is so even though you are an adult. You need to approach the maintenance court in your area.

      Reply

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