Child Maintenance Articles and Posts
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Family Law Questions and Answers
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King William’s Town Child Maintenance Application – Senior Family Law Advocate Advice – Tips and Tricks
Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in King William’s Town. Child Maintenance is the right of the child, and not that of the parent. It is also not a privilege granted to parents who must pay it. It is their duty to pay child maintenance and support their children. Once the child is self-supporting (being able to care for him or herself), the obligation falls away. This can happen when the child is 18, 20, or even 30. It all depends on the circumstances of the case. Claiming child maintenance for your child in King William’s Town Whether you claim child maintenance in King William’s Town, or any other city in South Africa, the procedures would be the same. There are however two (2) courts that can deal with child maintenance matters. That is a divorce court, in a divorce matter, and a Child Maintenance Court. For this article, we will focus on claiming maintenance in a Maintenance Court matter in King William’s Town. The maintenance scenario – King William’s Town South Africa In this article, we will deal with the following fictitious scenario, in a child maintenance matter: ...
Carletonville Child Maintenance Application – Senior Family Law Advocate Advice – Tips and Tricks
Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Carletonville. Child Maintenance is the right of the child, and not that of the parent. It is also not a privilege granted to parents who must pay it. It is their duty to pay child maintenance and support their children. Once the child is self-supporting (being able to care for him or herself), the obligation falls away. This can happen when the child is 18, 20, or even 30. It all depends on the circumstances of the case. Claiming child maintenance for your child in Carletonville Whether you claim child maintenance in Carletonville, or any other city in South Africa, the procedures would be the same. There are however two (2) courts that can deal with child maintenance matters. That is a divorce court, in a divorce matter, and a Child Maintenance Court. For this article, we will focus on claiming maintenance in a Maintenance Court matter in Carletonville. The maintenance scenario – Carletonville South Africa In this article, we will deal with the following fictitious scenario, in a child maintenance matter: The Child is seven years old and attends school in ...
Child Maintenance / Support Questions and Answers
Child Maintenance / Support Questions and Answers Our Lawyer (Pty) Ltd introduced this Child Maintenance / Support Questions and Answers page for you to post questions you may have on the topic. For example, if you want to know how much child maintenance to claim, pose a question with some background facts. At the same time, should you be able to assist others who posted questions below, requiring some advice on Child Maintenance / Support, please proceed and reply to their comments. In that manner, we would all be able to assist each other and increase our online knowledge base. Therefore, although we a are legal consultancy, specialising in family law, you may have problems or experiences that we have not encountered. Let us share in our knowledge of Child Maintenance / Support. Want to know more about Rule 43 Applications in the High Court and Rule 58 Applications in the Magistrates' Court? Click here. Other family law resources on this website There are various other family law resources on this website that you may find useful. For example, there is a downloadable child maintenance calculator. The resources may assist you with whatever questions you have, or information you require ...
Graaff-Reinet Child Maintenance Application – Senior Family Law Advocate Advice – Tips and Tricks
Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Graaff-Reinet. Child Maintenance is the right of the child, and not that of the parent. It is also not a privilege granted to parents who must pay it. It is their duty to pay child maintenance and support their children. Once the child is self-supporting (being able to care for him or herself), the obligation falls away. This can happen when the child is 18, 20, or even 30. It all depends on the circumstances of the case. Claiming child maintenance for your child in Graaff-Reinet Whether you claim child maintenance in Graaff-Reinet, or any other city in South Africa, the procedures would be the same. There are however two (2) courts that can deal with child maintenance matters. That is a divorce court, in a divorce matter, and a Child Maintenance Court. For this article, we will focus on claiming maintenance in a Maintenance Court matter in Graaff-Reinet. The maintenance scenario – Graaff-Reinet South Africa In this article, we will deal with the following fictitious scenario, in a child maintenance matter: The Child is seven years old and attends school in ...
Panel Discussion – Child Maintenance – Child Custody (28 March 2020 at 14:00)
Child Maintenance and Child Custody Difficulties in light of the National Lockdown - (COVID-19) Host: Felicity An Guest (Child Maintenance Difficulties SA) Panel: -Muhammad Abduroaf (Advocate) – www.ourlawyer.co.za/advocate -Nicole Lawrence (Attorney) - Attorney & Director of Nicole Lawrence Attorneys, Cape Town [email protected] 071 456 9105 (Firm cell number) -Ayesha Karim (Attorney) - Director at Ayesha Karim Attorneys- Durban (KZN) [email protected] -Dr. Lesley Ann Foster – Woman’s Rights International – www.masimanyane.org.za ...
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 ...
Musina Child Maintenance Application – Senior Family Law Advocate Advice – Tips and Tricks
Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Musina. Child Maintenance is the right of the child, and not that of the parent. It is also not a privilege granted to parents who must pay it. It is their duty to pay child maintenance and support their children. Once the child is self-supporting (being able to care for him or herself), the obligation falls away. This can happen when the child is 18, 20, or even 30. It all depends on the circumstances of the case. Claiming child maintenance for your child in Musina Whether you claim child maintenance in Musina, or any other city in South Africa, the procedures would be the same. There are however two (2) courts that can deal with child maintenance matters. That is a divorce court, in a divorce matter, and a Child Maintenance Court. For this article, we will focus on claiming maintenance in a Maintenance Court matter in Musina. The maintenance scenario – Musina South Africa In this article, we will deal with the following fictitious scenario, in a child maintenance matter: The Child is seven years old and attends school in ...
Simon’s Town Child Maintenance Application – Senior Family Law Advocate Advice – Tips and Tricks
Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Simon’s Town. Child Maintenance is the right of the child, and not that of the parent. It is also not a privilege granted to parents who must pay it. It is their duty to pay child maintenance and support their children. Once the child is self-supporting (being able to care for him or herself), the obligation falls away. This can happen when the child is 18, 20, or even 30. It all depends on the circumstances of the case. Claiming child maintenance for your child in Simon’s Town Whether you claim child maintenance in Simon’s Town, or any other city in South Africa, the procedures would be the same. There are however two (2) courts that can deal with child maintenance matters. That is a divorce court, in a divorce matter, and a Child Maintenance Court. For this article, we will focus on claiming maintenance in a Maintenance Court matter in Simon’s Town. The maintenance scenario – Simon’s Town South Africa In this article, we will deal with the following fictitious scenario, in a child maintenance matter: The Child is seven years ...
Alice Child Maintenance Application – Senior Family Law Advocate Advice – Tips and Tricks
Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Alice. Child Maintenance is the right of the child, and not that of the parent. It is also not a privilege granted to parents who must pay it. It is their duty to pay child maintenance and support their children. Once the child is self-supporting (being able to care for him or herself), the obligation falls away. This can happen when the child is 18, 20, or even 30. It all depends on the circumstances of the case. Claiming child maintenance for your child in Alice Whether you claim child maintenance in Alice, or any other city in South Africa, the procedures would be the same. There are however two (2) courts that can deal with child maintenance matters. That is a divorce court, in a divorce matter, and a Child Maintenance Court. For this article, we will focus on claiming maintenance in a Maintenance Court matter in Alice. The maintenance scenario – Alice South Africa In this article, we will deal with the following fictitious scenario, in a child maintenance matter: The Child is seven years old and attends school in ...
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 parents should pay child support; the law says so. But what do you do if a parent refuses to pay? This page assists 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 advise that you use the services of a legal practitioner to assist you in your divorce matter or application for contact with your child. However, legal services cost 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 advice before proceeding. Do your own divorce If a marriage has broken down, and there are no reasonable prospects of restoring the normal marital relationship, a divorce may be the best solution. Having said that, there are certain proprietary and parental issues that need to be tabled. For example, what happens to the kitchen ...
Bethlehem Child Maintenance Application – Senior Family Law Advocate Advice – Tips and Tricks
Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Bethlehem. Child Maintenance is the right of the child, and not that of the parent. It is also not a privilege granted to parents who must pay it. It is their duty to pay child maintenance and support their children. Once the child is self-supporting (being able to care for him or herself), the obligation falls away. This can happen when the child is 18, 20, or even 30. It all depends on the circumstances of the case. Claiming child maintenance for your child in Bethlehem Whether you claim child maintenance in Bethlehem, or any other city in South Africa, the procedures would be the same. There are however two (2) courts that can deal with child maintenance matters. That is a divorce court, in a divorce matter, and a Child Maintenance Court. For this article, we will focus on claiming maintenance in a Maintenance Court matter in Bethlehem. The maintenance scenario – Bethlehem South Africa In this article, we will deal with the following fictitious scenario, in a child maintenance matter: The Child is seven years old and attends school in ...
Phuthaditjhaba Child Maintenance Application – Senior Family Law Advocate Advice – Tips and Tricks
Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Phuthaditjhaba. Child Maintenance is the right of the child, and not that of the parent. It is also not a privilege granted to parents who must pay it. It is their duty to pay child maintenance and support their children. Once the child is self-supporting (being able to care for him or herself), the obligation falls away. This can happen when the child is 18, 20, or even 30. It all depends on the circumstances of the case. Claiming child maintenance for your child in Phuthaditjhaba Whether you claim child maintenance in Phuthaditjhaba, or any other city in South Africa, the procedures would be the same. There are however two (2) courts that can deal with child maintenance matters. That is a divorce court, in a divorce matter, and a Child Maintenance Court. For this article, we will focus on claiming maintenance in a Maintenance Court matter in Phuthaditjhaba. The maintenance scenario – Phuthaditjhaba South Africa In this article, we will deal with the following fictitious scenario, in a child maintenance matter: The Child is seven years old and attends school in ...
25 Advcoate Muhammad Abduroaf – Family Law South Africa – Child Child Maintenance
Family Law Service - Advocate Muhammad Abduroaf - Finding the best lawyer for you. Choosing the right law firm (Attorney or Advocate) can be a daunting task in the intricate landscape of legal matters. Whether you're facing a complex litigation case, navigating corporate law, or seeking legal assistance for personal issues, the decision of which law firm to engage is crucial. At the firm Advocate Muhammad Abduroaf, we understand the significance of this decision, and we aim to demonstrate why choosing our firm can make all the difference. Expertise and Specialisation One of the primary reasons for choosing our law firm is our expertise and specialisation in diverse legal areas. As you can see from this website, advocate Muhammad Abduroaf practices in various fields of law. This breadth of expertise ensures that no matter the nature of your legal issue, you will have access to knowledgeable and experienced professionals who can provide tailored solutions. Personalised Approach We recognise that every client and every case is unique. That's why we prioritise a personalised approach to legal representation. From the moment you engage our services, we take the time to understand your specific needs, concerns, and objectives. This allows us to develop ...
Can a father be deprived from seeing his child if he is paying child maintenance?
Father's Rights - Child Custody, Child Maintenance and Divorce Our law offices is a family legal consultancy that deals with family legal matters. We have single fathers walking into our offices on a regular basis, asking about their legal rights regarding their children. It is by no surprise that many mothers deprive the kids from seeing their father – this is sometimes done out of spite. It is however, sad to watch how the children are often used as battle grounds. We have compiled a range of online legal articles that explains the rights of fathers. These online articles contain free, expert legal advice compiled by the legal expert himself: Child custody visitation access- questions and answers Child custody frequently asked questions Father refused contact to his child. What are his rights? Father's parental responsibilities and rights to his child. How do I get full custody over my child? Parental child abuse in custody cases- Cape Town What does it mean when you have primary residential custody? What happens in a case custody dispute when one parent is mentally ill? Feel free to call our law offices on 021 424 3487 today, for an online appointment for a professional legal consultation ...
Child Support or maintenance claims. Does an unemployed father pay?
How much child support should you claim or pay? It is not only mothers who want to know how much maintenance they should claim. Fathers are very much interested in wanting to know how much they should pay. It is my view that there is nothing wrong with a father wanting to know whether or not he is paying too much maintenance. This is so as it is both parent’s responsibilities to maintain a child according to their means. However, what I do have the issue with is when fathers try to avoid their maintenance obligations. Even if you are unemployed, you can still pay maintenance depending on your means. And then you have mothers who want to exploit the fathers. The same applies when the roles are reversed. This is when the father is the primary caregiver and the mother pays him child support. - Adv. Muhammad Abduroaf LL.B LL.M - Advocate of the High Court of South Africa. Purchase a Consultation with us from our Online Shop, by clicking here. Common child maintenance questions How much child support should I claim for my child? How much child support should I pay for my children? The father of my ...
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 ...
Advcoate Muhammad Abduroaf – Family Law South Africa – Child Maintenance Defaulters
Family Law Service - Advocate Muhammad Abduroaf - Finding the best lawyer for you. Choosing the right law firm (Attorney or Advocate) can be a daunting task in the intricate landscape of legal matters. Whether you're facing a complex litigation case, navigating corporate law, or seeking legal assistance for personal issues, the decision of which law firm to engage is crucial. At the firm Advocate Muhammad Abduroaf, we understand the significance of this decision, and we aim to demonstrate why choosing our firm can make all the difference. Expertise and Specialisation One of the primary reasons for choosing our law firm is our expertise and specialisation in diverse legal areas. As you can see from this website, advocate Muhammad Abduroaf practices in various fields of law. This breadth of expertise ensures that no matter the nature of your legal issue, you will have access to knowledgeable and experienced professionals who can provide tailored solutions. Personalised Approach We recognise that every client and every case is unique. That's why we prioritise a personalised approach to legal representation. From the moment you engage our services, we take the time to understand your specific needs, concerns, and objectives. This allows us to develop ...
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 ...
Randburg Child Maintenance Application – Senior Family Law Advocate Advice – Tips and Tricks
Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Randburg. Child Maintenance is the right of the child, and not that of the parent. It is also not a privilege granted to parents who must pay it. It is their duty to pay child maintenance and support their children. Once the child is self-supporting (being able to care for him or herself), the obligation falls away. This can happen when the child is 18, 20, or even 30. It all depends on the circumstances of the case. Claiming child maintenance for your child in Randburg Whether you claim child maintenance in Randburg, or any other city in South Africa, the procedures would be the same. There are however two (2) courts that can deal with child maintenance matters. That is a divorce court, in a divorce matter, and a Child Maintenance Court. For this article, we will focus on claiming maintenance in a Maintenance Court matter in Randburg. The maintenance scenario – Randburg South Africa In this article, we will deal with the following fictitious scenario, in a child maintenance matter: The Child is seven years old and attends school in ...
Johannesburg Child Maintenance Application – Senior Family Law Advocate Advice – Tips and Tricks
Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Johannesburg. Child Maintenance is the right of the child, and not that of the parent. It is also not a privilege granted to parents who must pay it. It is their duty to pay child maintenance and support their children. Once the child is self-supporting (being able to care for him or herself), the obligation falls away. This can happen when the child is 18, 20, or even 30. It all depends on the circumstances of the case. Claiming child maintenance for your child in Johannesburg Whether you claim child maintenance in Johannesburg, or any other city in South Africa, the procedures would be the same. There are however two (2) courts that can deal with child maintenance matters. That is a divorce court, in a divorce matter, and a Child Maintenance Court. For this article, we will focus on claiming maintenance in a Maintenance Court matter in Johannesburg. The maintenance scenario – Johannesburg South Africa In this article, we will deal with the following fictitious scenario, in a child maintenance matter: The Child is seven years old and attends school in ...
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.
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.
she is demanding 3000 which i cant afford for 3 yrs is it necesaary
If you cannot afford, the court won’t make such an order. Outline your income and expenses fully to the court.
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
Good day
The court would decide what is a fair amount for you to pay.
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?
Good day
He still has to pay maintenance.
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,
Good day
Yes, you can take him to the Maintenance Court. If he disputes paternity, then a blood test should take place to confirm paternity.
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.
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.