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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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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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 Custody, Maintenance, Divorce, Relocations and other Questions and Answers

Child Custody, Divorce, Maintenance and Relocation 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 ...
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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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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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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. 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 living and upbringing, and includes the provision of food, clothing, accommodation, medical care and education.” Furthermore, the ...
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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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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 and Child Support

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

Advocate Muhammad Abduroaf – Advocate of the High Court of South Africa 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, ...
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Child Support / Maintenance – Frequently Asked Questions South Africa

Support – Frequently Asked Questions on Child Maintenance Support and Child Maintenance: We proud ourselves on our knowledge on family law matters in South Africa. This includes issues and questions surrounding child maintenance. Feel free to browse through the this or question and answers below. Should you not find the answer to a child maintenance question you are look for, feel free to post  your divorce question here. Child Maintenance links How to Apply for Child Maintenance at Court – Step by Step Guide and Advice Child Maintenance Question. How much should I pay or contribute as a parent? Child Support or maintenance claims. Does an unemployed father pay? Non-compliance with Maintenance Orders — Civil and Criminal Remedies Tricks and tips on how to win your child maintenance case How much is the average child support a parent must pay Cape Town? There is no average. It all depends on the needs of the child and the income of the parents. How much do you get for child support in Cape Town? It depends on the income of the parents and the needs of the child. How do you determine the amount of child support? You look at the needs ...
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Tricks and tips on how to win your child maintenance case

Tricks and tips on how to win your child maintenance case

Tricks and tips on how to win your child maintenance case Advocate Muhammad Abduroaf – Advocate of the High Court of South Africa Child maintenance legal issues might sound simple, compare to, for example, a criminal case of fraud. However, a child maintenance case could be much more complicated, challenging and exhausting. That, however, does not have to be the case. At least not always. Find out some of the tips and tricks provided by Advocate Muhammad Abduroaf, a family law expert with more than a decade of experience in family law, and child maintenance matters. Read on to find out some tips and tricks of the trade. Valuable advice is given on what to do through the maintenance court process. Download your Child Maintenance Calculator, click here. 0870735800 Child Maintenance and Applications – How does it work? The focus of this article is not to explain how child maintenance work, or how to apply for child maintenance. There are many articles written on that topic. But in short, parents must pay according to their means. So, if a child’s expense the month is R 60 (obviously this is a fictitious example) and the father earns R 500 a month ...
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Child Support or maintenance claims. Does an unemployed father pay?

Child Support or maintenance claims. Does an unemployed father pay?

How much child support should you claim or pay? Advocate Muhammad Abduroaf – Advocate of the High Court of South Africa 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 ...
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Non-compliance with Maintenance Orders — Civil and Criminal Remedies

Non-compliance with Maintenance Orders — Civil and Criminal Remedies

I have a maintenance order for my children – but the father of my children does not pay. Is this allowed? What can I do? Non-compliance with Maintenance Orders — Civil and Criminal Remedies [Updated on 17 October 2018] Many mothers (and sometimes fathers) go through great lengths to obtain a maintenance order against the other parent. This the mother found necessary as the father either did not want to pay child support at all, or not an adequate amount. The mother then had to approach the maintenance court, for assistance. The process could have taken many months and sometimes, over a year to finalise. But now that she has the Order, he still does not pay. Can she do anything? Or does she only have in her possession a useless piece of paper with the word “Order” written on it? Before we tackle the above scenario, this blog post does not only deal with non-compliance with maintenance orders originating in the maintenance court. Most divorce orders made, where there were minor children involved have in it child maintenance provisions. The divorce court (High Court or Family Court) would not divorce the couple unless it is satisfied that the child’s ...
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Child Maintenance in South Africa – Cape Town

What is child maintenance / child support? The terms “child maintenance” or “child support” is pretty much self-explanatory. To put it simply, it is when both parents sees to the needs and well-being of their child / children. Needs can be classified as food, clothes, education, medical expenses and other general maintenance of the child’s living costs. Child Maintenance Law This is where the guidance and help of a family law legal professional comes in handy. To understand the rules and regulations that govern child maintenance/child support, expert legal advice is required from a professional. The Child Support Act is there to ensure that both parents fulfill their legal obligations towards their child/children. In other words, the Act ensures that parents continue taking care of their children even after divorce. Child Maintenance includes the basic necessities such as: Shelter Clothing Medical Care Schooling Food Any legal executions regarding maintenance shall be carried out in accordance with the Child Maintenance Act. Maintenance Court Procedure Find out where about is the closest magistrates’ court in your area and pay them a visit. It is however, important to bring along the necessary documents such as: Birth certificate of your child/children. Your identity document ...
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Child Maintenance Advice -Johannesburg

Maintenance Court Johannesburg There are number of child maintenance courts in Johannesburg. Below are local maintenance courts that could be close to your area: Johannesburg Family Court Centre – Magistrates’ Court Johannesburg Central Magistrate Court – Magistrates’ Court Hillbrow Magistrates Court – Magistrates’ Court Call us on: 0211110090Email: [email protected] 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. The following will be required: 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. Call us on: 0211110090Email: [email protected] 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 ...
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Child Maintenance and Support Services and Assistance

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 ...
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Child Maintenance Questions and Answers

Child Maintenance Question. How much should I pay or contribute as a parent?

Child Maintenance and Support Every Child is entitled to have adequate child maintenance from his parents. This includes the provision of food, clothing, shelter, education and healthcare. These provisions are to be provided by both his or her mother and father. If one parent cannot afford any support, then other the parent would be responsible for the time being. However, support can still be claimed from the child’s maternal and paternal grandparents. What follows are some answers to a few questions on child maintenance. We are conveniently located in the Pinnacle Building, in the Cape Town CBD. Click here to call us on (021) 4243487 or send us an email. How much is the basic rate or amount of child maintenance? There is no basic rate for child maintenance. The amount depends on various factors, which includes the needs of the child, the income of the parents, as well as their personal expenses. There are many other factors as well. The law expects parents to contribute based on their means. Therefore, in principle, but not easily applied in practice, if a mother earns double of that the father, and has the same monthly expenses, she would pay double in child ...
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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 ...
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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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10 thoughts on “Child Maintenance – Articles and Posts”

  1. 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

  2. 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

  3. 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

  4. 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

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