Child Maintenance / Support Questions and Answers

Child Maintenance and Support Services and Assistance

Child Maintenance / Support Questions and Answers

advice-child-maintenance-child-custody-divorceWe 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.

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.

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 on Child Maintenance / Support. Therefore, after posting your question, or any time after, have a look at the useful resources and information on our website. Some of these resources are listed hereafter.

Articles and Q&A

There are a range of legal articles on this website dealing with various family law issues. Some of these articles are straight forward, outlining the legal position on a family law related topic. For example, how to apply for child maintenance, or how to get divorced. Other articles are written in the form of answering a specific legal question. For example, do I pay maintenance if I am unemployed, or what do I do if I want to leave the country with my child, and the other parent does not want to provide consent? Those articles are in blog format. This means that you are welcome to comment or pose questions to increase our knowledge base. The clear idea behind our website is that we want to make family law legal information more accessible and available to the public.

Downloadable resources

We created some downloadable resources for free on this website. They are:

1 Free Basic Will Tool Kit

2. Free Shariah Will Template

3. Free Divorce Starter Tool Kit

4. Free Child Maintenance Calculator

5. Free DIY Urgent Child Contact Toolkit

Feel free to download these useful resources. Click on the links above, and complete the online purchase process. The purchase price is R 0. Thereafter, a downloadable link would be emailed to you. Once you received the email, download it as soon as possible as the link would expire after two months. We hope that we assisted you with any queries you had on Child Maintenance / Support. If not, feel free to arrange a consultation with us.advice-child-maintenance-child-custody-divorce

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13 thoughts on “Child Maintenance / Support Questions and Answers”

  1. What is the amount of child maintenance a father should pay if he earns R 10 000?
    Thank you.

    1. Good day Anonymous
      Thank you for the question. It would depend on what the needs of the child is, and the income / mean of the parents. If the child for example costs R 10 and both parents earn R 100, then in a perfect world, both should contribute R 5. The parents should work out what would be a fair contribution. If they cannot do so, then the Maintenance Court should be approached.

  2. Good day

    I hope you are well.

    I’m a 19 year old varsity student and my father has pretty much stopped paying maintenance for my younger sister and I.

    My mother once approached the courts with this matter, but nothing really came of it.

    I’d like to pursue this matter further, but I’m not sure how to proceed.

    My father is based in a different province altogether.

    How do I proceed with this?

    Thank you in advance.

    1. Good day

      As you are an adult, you would have to claim maintenance for yourself. In other words, your mother can no longer do it for you. You need to approach the maintenance court in your area to open a case and start the process. They would get hold of your father etc. That would be the first step. For your sister, assuming she is younger than 18, your mother would have to claim for her. If she is 18 or over, she would be in the same boat as you.

  3. Good day

    I have a 17 month old and pregnant 7 months. The father does not have work and “suffering from depression” ie his excuse for not wokring. I am currently helping his parents to run their guesthouse and get R4000 a month. Other than that there is no income. This barely covers my son’s daycare, drs needs and out food.

    I would like to continue in moving forward without him, we are not married. What can I claim from him/his parents and how do I get him out of the flat we are living in as his parents are paying for that as well.

    Thank you

    1. Good day

      You may take his parents to the Maintenance Court for support. They would assess the matter etc. Regarding the father, you would require an eviction order. It would be best to see an attorney to assist you with that. Seeing that he has been living there, the process is a bit complicated.

  4. Hi there
    I have been divorced for 8 years and have a 10 year old daughter from the marriage. My ex husband made me sign a maintenance agreement whereby he pays school fees (public schooling) and that it is. I paid the medical aid and all other costs. He paid 75% of the medical aid premium back to me. It was a comprehensive plan. He subsequently decided to put her on his medical aid, which is only a hospital plan and expects me to then pay half of any medical costs that we may incur, which I wasn’t happy about and it was also not in accordance with the maintenance agreement.
    Our income ratio is about 80/20 (his salary/my salary). He does not contribute to the day to day costs (rent, clothing etc) at all.
    She stays with him every Wednesday and every second weekend, and his argument is that he pays for the days that she spends with him (which comes to about 10 days max a month).
    My family is encouraging me to revisit the maintenance agreement. How do I go about it and will I have a foot to stand on?

    1. Good day
      He should adhere to the Court Order. Both of you should. If you made a change to the situation, and it is not working or fair, then you may approach the maintenance court for a variation, or to enforce to current order. Either way, it may be a good idea to visit the Maintenance.

  5. Can father’s claim maintenance from mothers?
    I had agreement with son’s mother and he stayed with his mother. She married and that failed. Subsequently she dropped off our son at my parents without prior warning. I am married and have a daughter from this union and can’t afford anything more than what I was providing. In addition, we don’t have the space to have him stay with us. Further there would be expense of schooling which she had decided on. I’m also not sure if I can have him go to a school closer as I am not listed as his father, even though I had been providing some funds from before he was born. We were separate before he was born.

    1. The parent caring for the child can claim maintenance for that child from the other parent. Therefore to answer your question, it is possible to claim child maintenance from the mother.

  6. Good day,
    I had a son while being separate from my ex. We were not legally married, but married by Muslim law. She had not listed myself as his father. I had been voluntarily paying a some of money since before he was born, in support. She had subsequently remarried and later had his surname changed from her maiden surname to her new surname and had her new husband take on responsibility legally.
    Is this allowed?

    1. Clarity with the Department of Home Affairs how the child managed to get her new husband’s surname. The mother may of said he is the father. Take it from there.

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