Grandparents may be ordered to pay child support if the father refuses or cannot afford to do so.

DID YOU KNOW: Advocate Muhammad Abduroaf was the advocate who won a ground-breaking case for his client? Because of this case, it is now possible to claim maintenance from paternal grandparents of children born out of wedlock?. This was not possible for over 80 years. The relevant case is Petersen v Maintenance Officer Simon’s Town Maintenance Court and Others 2004 2 SA 56 (C) 381 .”

Grandparents, parents and children – A child cannot choose his or her parents and grandparent. Moreover, every child would want to have parents who would try their best to maintain and support them until they are self-supporting. However, the reality is that that is not always the case. It often happens that parents renege on their duty to actively support their children.

Grandparent supporting their grandchild

Furthermore, grandparents would also want their children to support their children, as they did. The reality is, that often times, grandparents have to step in. They have to support their grandchild due to their child not being able to, or unwilling to do so. Of course, there are legitimate cases where the parents cannot afford to care for their children. In such a case, the grandparents may be more than happy to assist. This post does not deal with the latter scenario.

What does the law say on grandparents’ duty of support?

In short, if a parent cannot adequately maintain a child, the law can force grandparents to assist. This includes both paternal and maternal grandparents. A parent may also claim support from their child. However, this article does not deal with that scenario.

What to do if the father of the child cannot afford to pay child support?

You cannot claim child support from grandparents at the Maintenance Court as the first step. This is so even if they are extremely wealthy. An enquiry first needs to be instituted against the father of the child concerned. You are welcome to ask the grandparents though for support. Therefore, you need to make an application to the Maintenance Court for child support from the father first. If it is determined, that that father cannot afford to pay child support, then they climb a level up. In this case, to the grandparents. The Maintenance Court would then decide whether or not to institute an enquiry against the grandparents. If it is decided that there is a need and the grandparent can afford it, then a maintenance order would be made against the grandparents.   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

Grandparents may be ordered to pay child support if the father refuses or cannot afford to do so.

DID YOU KNOW: Advocate Muhammad Abduroaf was the advocate who won a ground-breaking case for his client? Because of this case, it is now possible to claim maintenance from paternal grandparents of children born out of wedlock?. This was not possible for over 80 years. The relevant case is Petersen v Maintenance Officer Simon’s Town Maintenance Court and Others 2004 2 SA 56 (C) 381 .”

Grandparents, parents and children – A child cannot choose his or her parents and grandparent. Moreover, every child would want to have parents who would try their best to maintain and support them until they are self-supporting. However, the reality is that that is not always the case. It often happens that parents renege on their duty to actively support their children.

Grandparent supporting their grandchild

Furthermore, grandparents would also want their children to support their children, as they did. The reality is, that often times, grandparents have to step in. They have to support their grandchild due to their child not being able to, or unwilling to do so. Of course, there are legitimate cases where the parents cannot afford to care for their children. In such a case, the grandparents may be more than happy to assist. This post does not deal with the latter scenario.

What does the law say on grandparents’ duty of support?

In short, if a parent cannot adequately maintain a child, the law can force grandparents to assist. This includes both paternal and maternal grandparents. A parent may also claim support from their child. However, this article does not deal with that scenario.

What to do if the father of the child cannot afford to pay child support?

You cannot claim child support from grandparents at the Maintenance Court as the first step. This is so even if they are extremely wealthy. An enquiry first needs to be instituted against the father of the child concerned. You are welcome to ask the grandparents though for support. Therefore, you need to make an application to the Maintenance Court for child support from the father first.

If it is determined, that that father cannot afford to pay child support, then they climb a level up. In this case, to the grandparents. The Maintenance Court would then decide whether or not to institute an enquiry against the grandparents. If it is decided that there is a need and the grandparent can afford it, then a maintenance order would be made against the grandparents.

 

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

Related Post

Top tips from a Senior Family Law Advocate on how to deal with your Child Custody matter in the Benoni Children’s Court

 

Family law legal matters can be very stressful. This is so whether you live in Benoni or any other city in South Africa. Especially so if you have no idea how the legal processes work. It is one thing to know that you are entitled to child support, but it is a totally different matter to know the law and procedure on how to claim child support. Luckily in child maintenance matters, the maintenance court is there to assist you in completing the application form. However, many times that is not enough. Especially so if the other parent has a lawyer and knows how to present the case for his or her client.

This article, however, deals with some top tips in care and contact or custody matters in the Children’s Court in Benoni. It would explain the processes involved and advise on how to be best prepared for your matter. This advice is applicable whether you live in Benoni or any other city in South Africa.

What to do before visiting the Benoni Children’s Court

Before you approach the Children’s Court in Benoni, first try to resolve the issues with the other parent. Therefore, if you want more contact with your child and the other parent is refusing, try to resolve the matter first with that parent. If that does not work, try mediation. The mediator can be anyone, from a trusted mutual friend, priest, or other religious leaders, or a professional like an attorney, psychologist, or the office of the Family Advocate. Benoni has many professionals that can assist you in this regard. If resolving the matter by yourselves is not possible, or mediation fails, then we suggest you approach the Benoni Children’s Court for assistance.

TIP: Focus on getting someone neutral to assist in mediating your matter. Organisations like FAMSA and FAMAC can be of assistance. Google them.

Approaching the Benoni Children’s Court

The Benoni Children’s Court should be approached if it is the closest Children’s Court to you. You need to verify with the Benoni Children’s Court that you fall under their area of jurisdiction. If not, they would direct you to which Children’s Court is applicable to you.

Once you arrive at the Benoni Children’s Court, they will provide you with a form headed “Bringing Matter to Court in Terms of Section 53 Children’s Act, 2005 (Act no. 38 of 2005) Regulation Relating to Children’s Court and International Child Abduction, 2008 [Regulation 6]. This form is also called Form 2.

In this form, you will provide all your particulars and that of the child or children and the other parent. The sections in the form are as follows:

  • PART A: PARTICULARS OF CHILD(REN)
  • PART B: PARTICULARS OF *CHILD WHO IS AFFECTED BY OR INVOLVED IN THE MATTER/PERSON *ACTING IN THE INTEREST OF THE CHILD/*ON BEHALF OF THE CHILD WHO CANNOT ACT IN HIS/HER OWN NAME/ *MEMBER OF A GROUP OF CLASS OF CHILDREN/*IN THE PUBLIC INTEREST (SECTION 53(2)
  • PART C: PARTICULARS OF PERSONS HAVING AN INTEREST IN THE MATTER
  • PART D: PARTICULARS OF MATTER

In part D, the following is stated which you need to provide in the form:

  • Nature of matter brought to Court: (Please give full details of the matter e.g., registration/amendment of parenting plans, removal of child to safe care, children in need of care and protection, placement in youth care centers, adoption etc.
  • Documents: Are there any documents relating to the matter? (If so please attach)

Once you have completed the form and attached the relevant documents to it, you must take it to a commissioner of Oaths to have it commissioned. It does not have to be in Benoni.

TIP: Draft a separate affidavit explaining your case. Outline some background information and reasons why the Court should give you what you request. Attach it to Form 2.

Processing your Application at the Benoni Children’s Court

Once you complete the Form A and submit it to the Clerk of the Benoni Children’s Court, they will process it and allocate it a case number or reference number. The Clerk of the Court would then allocate a date to the matter and advise the parties accordingly when the court date is. Please note that some courts follow a different process for processing the application and informing the parties of the court date. Please enquire from the Court when making the application what process they follow.

TIP: Obtain the contact details of the Court for you to contact them to obtain the Court date or other information. Ask for their contact number and email address.

Appearing in the Benoni Children’s Court

When notified of the Court date, both you and the other parent should attend. If you are making use of a lawyer (Advocate or Attorney), inform them timeously of the date. Depending on the Court, you may first see the Clerk or go directly to the Magistrate. The Children’s Court would do its best to try to resolve the matter. If the parents cannot come to an agreement, the Children’s Court may postpone the matter for either of the following:

  • Get a social worker involved in the matter;
  • Appoint a legal representative for the minor child;
  • Implement interim care and contact arrangements;
  • Having the parties attempt to agree on a parenting plan;
  •  

In serious matters, the Court may remove the minor child from both parents and place the child in foster care. The powers of the Children’s Court are extensive. It will, however, focus on what is in the child’s best interests.

TIP: Be as vocal as possible. Do not expect the Court to be understanding of your case or be on your side. It is your duty to explain your case and provide the Court with all the relevant information they require for them to make a fair decision.

Finalising the matter in the Benoni Children’s Court

Once the Benoni Children’s Court has enough information to make a final decision, it will do so. Depending on the facts of the matter, that could either be making a Parenting Plan, an Order of the Court or a final care and contact Order. The Court may even make further interim orders, where the parties are to return to Court after a few months, or a year later.

TIP: Do not agree to something just because the social worker, a lawyer, or the Court suggest it. You need to be happy with what is decided.

The above Benoni Children’s Court Application tips should apply to the following provinces and cities:

Eastern Cape:

Alice, Butterworth, East London, Graaff-Reinet, Grahamstown, King William’s Town, Mthatha

Port Elizabeth, Queenstown, Uitenhage, Zwelitsha

Free State:

Bethlehem. Bloemfontein, Jagersfontein, Kroonstad, Odendaalsrus, Parys, Phuthaditjhaba, Sasolburg, Virginia, Welkom

Gauteng:

Benoni, Boksburg, Brakpan, Carletonville, Germiston, Johannesburg, Krugersdorp, Pretoria, Randburg, Randfontein, Roodepoort, Soweto, Springs, Vanderbijlpark, Vereeniging

KwaZulu-Natal:

Durban, Empangeni, Ladysmith, Newcastle, Pietermaritzburg, Pinetown, Ulundi, Umlazi

Limpopo:

Giyani, Lebowakgomo, Musina, Phalaborwa, Polokwane, Seshego, Sibasa, Thabazimbi

Mpumalanga:

Emalahleni, Nelspruit, Secunda, North West, Klerksdorp, Mahikeng, Mmabatho, Potchefstroom, Rustenburg, Northern Cape, Kimberley, Kuruman, Port Nolloth

Western Cape:

Bellville, Benoni, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester

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.
  • 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.

Maintenance Court Procedure

When undergoing the process of claiming 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. The form will cover essential expenses such as clothing, food, medical expenses and other relevant bills. Lighter expenses such as entertainment, pocket money and so forth, are also included in the “expenses” section. 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 that should be paid. Both parent’s income will be analysed and the court’s decision will be based accordingly.

Child maintenance calculator

Many people do not proceed with claiming child maintenance because they do not know if they have a case. This is minimized by making use of the calculator which would assist you with the following:
  • To have an idea on how much maintenance you should be receiving from the other parent of your child;
  • How much maintenance you should be paying; and
  • Assist in reaching a mutual agreement with the other parent due to having a more accurate idea of how much either parent should be contributing to the child or children’s living expenses.
Download your free child maintenance calculator today. Start calculating today and find out how much to claim or pay with our free child maintenance calculator.

Child Maintenance office numbers

Our Lawyer Pty Ltd offers a range of family law legal services for your convenience. You can find our office in the heart of the buzzing CBD at Suit 702, 7th Floor, The Pinnacle, corner of Strand and burg Street. Feel free to visit us at our offices in a safe, central setting and enjoy professional, confidential, legal consultations at its best. Call our legal offices today and have your legal appointment booked online for a legal consultation in child maintenance. Our Lawyer Pty Ltd is highly accommodating towards its clients and believe in making life easier for its clients. This is why we have decided to initiate an online appointment system as well as an online platform in which you can share your thoughts and post your legal questions. Connect with us today!        

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