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Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Newcastle. 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 Newcastle Whether you claim child maintenance in Newcastle, 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 Newcastle. The maintenance scenario – Newcastle 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 ...
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 ...
Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Sibasa. 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 Sibasa Whether you claim child maintenance in Sibasa, 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 Sibasa. The maintenance scenario – Sibasa 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 ...
I require a law firm to assist me in my Child Maintenance matter in Cape Town. What are your contact details? If you require an Advocate Law Firm to assist you in your legal matter, feel free to contact us using the following details: Firm: Advocate Muhammad Abduroaf Tel.: 021 111 0090 Email.:
[email protected] We service clients throughout South Africa. These include: Cape Town Rustenburg Kimberley East London Nelspruit Polokwane Pietermaritzburg Bloemfontein Port Elizabeth Pretoria Durban Johannesburg ABOUT ADVOCATE MUHAMMAD ABDUROAF Advocate Muhammad Abduroaf is a hardworking and distinguished legal professional and a respected figure in the field of law in South Africa. Known for his unwavering commitment to justice and his ability to navigate complex legal challenges, Advocate Muhammad Abduroaf has built a career spanning over two decades, marked by excellence and a profound dedication to serving his clients and the broader community. Advocate Muhammad Abduroaf’s journey into law began with a robust academic foundation. He pursued his legal studies with a vision to impact the justice system positively. His areas of expertise span a wide array of legal disciplines, making him a versatile advocate capable of handling multifaceted cases with precision and care. He holds both an LL.B ...
Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Roodepoort. 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 Roodepoort Whether you claim child maintenance in Roodepoort, 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 Roodepoort. The maintenance scenario – Roodepoort 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 ...
Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Pinetown. 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 Pinetown Whether you claim child maintenance in Pinetown, 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 Pinetown. The maintenance scenario – Pinetown 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 ...
Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Cape 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 Cape Town Whether you claim child maintenance in Cape 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 Cape Town. The maintenance scenario – Cape Town South Africa In this article, we will deal with the following fictitious scenario, in a child maintenance matter: The Child is seven years ...
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 ...
Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Parys. 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 Parys Whether you claim child maintenance in Parys, 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 Parys. The maintenance scenario – Parys 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 ...
Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Northern Cape. 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 Northern Cape Whether you claim child maintenance in Northern Cape, 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 Northern Cape. The maintenance scenario – Northern Cape South Africa In this article, we will deal with the following fictitious scenario, in a child maintenance matter: The Child is seven years ...
Please advice. I am a divorced father of 5 children. My take home salary is R16000 a month and my ex wife's take home is R26000 a month. I am paying the following: kids medical aid R5000 whilst she's only alone in her medical aid Car installment R4600 a month whilst she's got 2 cars Car Insurance R1000 a month Rental amount of R5000 a month whilst she's got 2 houses School fees for my 2 daughters of R1400 a month 2 Kids transport fee R1600 a month Elder son transport R600 a month Last born's Nanny R2000 a month Collecting kids to visit me R400 a month My food and electricity and water R1500 a month Maintenance for all kids of about R2000 which includes arrears I also have pay 50 percent towards clothing for all the kids including school uniform and books The Total is - R25500 a month of which I cannot clearly afford from my R16000 take home salary. Please help me with advice as to how do I appeal this as I cant even afford an attorney. Best Regards Good day You need to make an application for the substitution of the maintenance order with ...
Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Bellville. 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 Bellville Whether you claim child maintenance in Bellville, 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 Bellville. The maintenance scenario – Bellville 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 ...
Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Cape 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 Cape Town Whether you claim child maintenance in Cape 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 Cape Town. The maintenance scenario – Cape Town South Africa In this article, we will deal with the following fictitious scenario, in a child maintenance matter: The Child is seven years ...
Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in North West. 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 North West Whether you claim child maintenance in North West, 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 North West. The maintenance scenario – North West South Africa In this article, we will deal with the following fictitious scenario, in a child maintenance matter: The Child is seven years ...
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 ...
Learn how the Child Maintenance Court Application process works - Advocate Muhammad Abduroaf Watch this 10-minute video where Adv. Muhammad Abduroaf explains how child maintenance applications work. He explains the principles and the legal process. We are certain that you found the above article useful and interesting. Please consider sharing it on the share buttons below. They include Facebook, Twitter, LinkedIn, WhatsApp, Gmail and more. Someone may find it useful as well. Should you require business advice or services, feel free to click on these links: Business SA | Private Legal | Envirolaws ...
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 ...
Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Soweto. 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 Soweto Whether you claim child maintenance in Soweto, 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 Soweto. The maintenance scenario – Soweto 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 ...
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 ...
Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Oudtshoorn. 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 Oudtshoorn Whether you claim child maintenance in Oudtshoorn, 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 Oudtshoorn. The maintenance scenario – Oudtshoorn 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 ...
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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.