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

  1. How to Apply for Child Maintenance at Court – Step by Step Guide and Advice
  2. Child Maintenance Question. How much should I pay or contribute as a parent?
  3. Child Support or maintenance claims. Does an unemployed father pay?
  4. Non-compliance with Maintenance Orders — Civil and Criminal Remedies
  5. 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 of the child, and the parent’s income and expenses.

What is the average amount for child support?

There is no average amount. It depends on the facts of the case.

How much child support will I get in Cape Town?

It all depends on your income and standard of living of you and the child.

Is South African an alimony state?

Yes, it is possible that a court makes and order that alimony be paid. It all depends on the

Can you ask for retroactive child support?

Yes it is possible.  Whether the court grants it would depends on the facts of the case.

How much is minimum wage in Cape Town?

This website does not deal with that question.

What percentage do they take out of your salary for child support?

If there is a garnishee order against your salary, they will take off what the court ordered.

How do you calculate child support in Town?

Have a look at other parts of this website for a detailed answer. The simple answer is that the Court looks at your income, assets etc, and that of the mother and the child and come to a fair amount.

Who is the obligor in child support?

The person who should pay child support.

Do I have to pay child support if I have 50 50 custody?

It is possible if the other parent earns less than you.

How much is child support for two children?

It depends on the facts of the case. You should look at the earnings of the parents and the needs of the child.  

How much do you have to pay in child support?

It depends on the needs of the child and the earnings or means of the parents.

What percentage of custody is every other weekend?

This question does not fall under child support. Please search for the answer on another part of this website.

How does child support work when parents live in different provinces?

The basic principle is the same. They should pay according to their means and the needs of the child.

When can you modify a child support order?

When there is a case for it. Usually when more money is needed or one parent cannot afford the order.

Do you have to pay child support after a child turns 18?

If the child is still in need of support, then the answer is yes.

How long will it take to get my child support?

This depends on the relevant court and case. It can take a few months.

How can I get my child support payments lowered?

You would need to apply to court for a variation of the child support order.

What is your monthly gross income?

The total sum you receive, before deductions. Can you get child support arrears dropped?

You would need to approach the court and prove your case. What is the definition of gross income?

The total income before deductions.

How do you find your gross income?

Your salary slip should have it.

How do I calculate my monthly salary?

Look at all you income for the month.

How do you calculate adjusted gross income?

Your salary slip should have that information in it.

How do you figure out your net income?

You take your gross income, and deduct medical aid, pension, tax etc.

How do you calculate monthly income when you get paid biweekly?

You add all your income for the month.

What is the net annual income?

The amount you earned for the year after deductions.

What is my gross annual income?

The total amount you got paid before deductions.

How do you work out your weekly pay?

Add all your income for the week.

What is the definition of net income?

The total income after deductions.

How do you determine your net pay?

You first deduct tax, medical aid, etc.

What is the definition of total income?

All your income.

Is total earned income gross or net?

Gross income.

Have a family Law appointment with us

We have an online appointments system which enables you to save valuable time and cut straight to the chase. There is therefore no need for you to visit our offices (unless it is best for you to do so, or is your most preferred option). You may set up telephonic or video consultations should you wish to do so. You can therefore stay in the office or on the couch in the comfort of your own home when dealing with us. We are therefore physical, online, set-up and ready to meet with you. Make your appointment online for a consultation today. If you find any of our articles, free resources and posts interesting, or possibly useful to others, please like and share it on Social Media by clicking on the icons below. Should you require any other legal services and advice, not related to family law, visit Private Legal.
Advocate of the High Court of South Africa

High Court Advocate Cape Town Western Cape

Or click here for the details of Cape Town Advocate, Muhammad Abduroaf or this advocate link to learn more. Visit our child custody and maintenance site for additional information.
Posted on by Telelaw

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

  1. How to Apply for Child Maintenance at Court – Step by Step Guide and Advice
  2. Child Maintenance Question. How much should I pay or contribute as a parent?
  3. Child Support or maintenance claims. Does an unemployed father pay?
  4. Non-compliance with Maintenance Orders — Civil and Criminal Remedies
  5. 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 of the child, and the parent’s income and expenses.

What is the average amount for child support?

There is no average amount. It depends on the facts of the case.

How much child support will I get in Cape Town?

It all depends on your income and standard of living of you and the child.

Is South African an alimony state?

Yes, it is possible that a court makes and order that alimony be paid. It all depends on the

Can you ask for retroactive child support?

Yes it is possible.  Whether the court grants it would depends on the facts of the case.

How much is minimum wage in Cape Town?

This website does not deal with that question.

What percentage do they take out of your salary for child support?

If there is a garnishee order against your salary, they will take off what the court ordered.

How do you calculate child support in Town?

Have a look at other parts of this website for a detailed answer. The simple answer is that the Court looks at your income, assets etc, and that of the mother and the child and come to a fair amount.

Who is the obligor in child support?

The person who should pay child support.

Do I have to pay child support if I have 50 50 custody?

It is possible if the other parent earns less than you.

How much is child support for two children?

It depends on the facts of the case. You should look at the earnings of the parents and the needs of the child.

 

How much do you have to pay in child support?

It depends on the needs of the child and the earnings or means of the parents.

What percentage of custody is every other weekend?

This question does not fall under child support. Please search for the answer on another part of this website.

How does child support work when parents live in different provinces?

The basic principle is the same. They should pay according to their means and the needs of the child.

When can you modify a child support order?

When there is a case for it. Usually when more money is needed or one parent cannot afford the order.

Do you have to pay child support after a child turns 18?

If the child is still in need of support, then the answer is yes.

How long will it take to get my child support?

This depends on the relevant court and case. It can take a few months.

How can I get my child support payments lowered?

You would need to apply to court for a variation of the child support order.

What is your monthly gross income?

The total sum you receive, before deductions.
Can you get child support arrears dropped?

You would need to approach the court and prove your case.
What is the definition of gross income?

The total income before deductions.

How do you find your gross income?

Your salary slip should have it.

How do I calculate my monthly salary?

Look at all you income for the month.

How do you calculate adjusted gross income?

Your salary slip should have that information in it.

How do you figure out your net income?

You take your gross income, and deduct medical aid, pension, tax etc.

How do you calculate monthly income when you get paid biweekly?

You add all your income for the month.

What is the net annual income?

The amount you earned for the year after deductions.

What is my gross annual income?

The total amount you got paid before deductions.

How do you work out your weekly pay?

Add all your income for the week.

What is the definition of net income?

The total income after deductions.

How do you determine your net pay?

You first deduct tax, medical aid, etc.

What is the definition of total income?

All your income.

Is total earned income gross or net?

Gross income.

Have a family Law appointment with us

We have an online appointments system which enables you to save valuable time and cut straight to the chase. There is therefore no need for you to visit our offices (unless it is best for you to do so, or is your most preferred option).
You may set up telephonic or video consultations should you wish to do so. You can therefore stay in the office or on the couch in the comfort of your own home when dealing with us. We are therefore physical, online, set-up and ready to meet with you. Make your appointment online for a consultation today.

If you find any of our articles, free resources and posts interesting, or possibly useful to others, please like and share it on Social Media by clicking on the icons below. Should you require any other legal services and advice, not related to family law, visit Private Legal.

Advocate of the High Court of South Africa

High Court Advocate Cape Town Western Cape

Or click here for the details of Cape Town Advocate, Muhammad Abduroaf or this advocate link to learn more.

Visit our child custody and maintenance site for additional information.

Related Post

Relocation consent for minor child to Germany - Adv Muhammad Abduroaf

I want to relocate from South Africa to Germany with my minor child. The other parent does not want my child to relocate to Germany. What can I do?

Germany is a popular destination to emigrate to. People emigrate from South Africa for many reasons. It ranges from better employment opportunities, family relations, or for a better standard of living. Whatever the reason a parent wants to relocate to Germany, if a minor child will be joining that parent and also relocating to Germany, then the parent remaining in South Africa’s consent would usually be required. Let us unpack the legal issues a parent may encounter when wanting to emigrate to Germany. Before we do so, let us list the various cities and towns in Germany to which you may want to relocate: Baden-Württemberg , Aalen , Bad Mergentheim , Baden-Baden , Bruchsal , Esslingen , Freiburg im Breisgau , Freudenstadt , Friedrichshafen , Göppingen , Hechingen , Heidelberg , Heilbronn , Karlsruhe , Konstanz , Ludwigsburg , Mannheim , Offenburg , Pforzheim , Ravensburg , Reutlingen , Schwäbisch Gmünd , Schwäbisch Hall , Stuttgart , Tübingen , Ulm , Bavaria , Amberg , Ansbach , Aschaffenburg , Augsburg , Bad Reichenhall , Bamberg , Bayreuth , Berchtesgaden , Coburg , Dachau , Deggendorf , Dinkelsbühl , Donauwörth , Erlangen , Freising , Fürth , Füssen , Garmisch-Partenkirchen , Ingolstadt , Kempten , Landshut , Lindau , Memmingen , Mittenwald , Munich , Nördlingen , Nürnberg , Passau , Regensburg , Rothenburg ob der Tauber , Würzburg , Berlin , Berlin , Charlottenburg (district) , Spandau (area) , Tempelhof (area) , Tiergarten (area) , Brandenburg , Brandenburg , Cottbus , Eberswalde , Frankfurt an der Oder , Potsdam , Schwedt , Bremen , Bremen , Bremerhaven , Hamburg , Hamburg , Altona (district) , Hessen , Bad Homburg , Darmstadt , Frankfurt am Main , Fulda , Giessen , Hanau , Kassel , Lorsch , Marburg , Offenbach , Rüdesheim , Wiesbaden , Lower Saxony , Bad Gandersheim , Bad Harzburg , Braunschweig , Celle , Cuxhaven , Delmenhorst , Emden , Goslar , Göttingen , Hameln , Hannover , Helmstedt , Hildesheim , Lüneburg , Oldenburg , Osnabrück , Salzgitter , Stade , Wilhelmshaven , Wolfsburg , Mecklenburg-West Pomerania , Greifswald , Güstrow , Neubrandenburg , Peenemünde , Rostock , Schwerin , Stralsund , Wismar , North Rhine-Westphalia , Aachen , Arnsberg , Bad Godesberg , Bergisch Gladbach , Bielefeld , Bocholt , Bochum , Bonn , Bottrop , Brühl , Castrop-Rauxel , Cologne , Detmold , Dorsten , Dortmund , Duisburg , Düren , Düsseldorf , Essen , Gelsenkirchen , Gladbeck , Gütersloh , Hagen , Hamm , Herne , Hürth , Iserlohn , Jülich , Kleve , Königswinter , Krefeld , Leverkusen , Lüdenscheid , Lünen , Marl , Minden , Moers , Mönchengladbach , Mülheim an der Ruhr , Münster , Neuss , Paderborn , Recklinghausen , Remscheid , Rheine , Siegen , Soest , Solingen , Wesel , Witten , Wuppertal , Rhineland-Palatinate , Bad Kreuznach , Bingen , Boppard , Frankenthal , Kaiserslautern , Koblenz , Landau , Ludwigshafen , Mainz , Neustadt an der Weinstrasse , Speyer , Trier , Worms , Saarland , Homburg , Reinheim , Saarbrücken , Saarlouis , Saxony , Altenburg , Annaberg-Buchholz , Bautzen , Chemnitz , Dresden , Freiberg , Görlitz , Hoyerswerda , Leipzig , Meissen , Torgau , Zittau , Zwickau , Saxony-Anhalt , Bernburg , Dessau , Eisleben , Halberstadt , Halle , Köthen , Merseburg , Naumburg , Quedlinburg , Stendal , Wernigerode , Wittenberg , Schleswig-Holstein , Büsum , Eutin , Flensburg , Glückstadt , Kiel , Lübeck , Rendsburg , Schleswig , Thuringia , Arnstadt , Eisenach , Erfurt , Gera , Gotha , Jena , Meiningen , Mühlhausen , Nordhausen , Suhl , Weimar (https://www.britannica.com/topic/list-of-cities-and-towns-in-Germany-2038874)

Why do I require the other parent’s Consent to relocate to Germany?

According to South African law, if you are a co-holder of parental responsibilities and rights over your minor child, you must consent to your child leaving South Africa. In this case, relocating to Germany. Here we refer to section 18 of the Children’s Act 38 of 2005. The entire provision is as follows: 18 Parental responsibilities and rights  (1) A person may have either full or specific parental responsibilities and rights in respect of a child.  (2) The parental responsibilities and rights that a person may have in respect of a child, include the responsibility and the right-  (a) to care for the child;  (b) to maintain contact with the child;  (c) to act as guardian of the child; and  (d) to contribute to the maintenance of the child.  (3) Subject to subsections (4) and (5), a parent or other person who acts as guardian of a child must-  (a) administer and safeguard the child’s property and property interests;  (b) assist or represent the child in administrative, contractual and other legal matters; or  (c) give or refuse any consent required by law in respect of the child, including-  (i) consent to the child’s marriage;  (ii) consent to the child’s adoption;  (iii) consent to the child’s departure or removal from the Republic;  (iv) consent to the child’s application for a passport; and  (v) consent to the alienation or encumbrance of any immovable property of the child.  (4) Whenever more than one person has guardianship of a child, each one of them is competent, subject to subsection (5), any other law or any order of a competent court to the contrary, to exercise independently and without the Consent of the other any right or responsibility arising from such guardianship. (5) Unless a competent court orders otherwise, the Consent of all the persons that have guardianship of a child is necessary in respect of matters set out in subsection (3)(c). Now let us explain what Parental Responsibilities and Rights are.

What are Parental Responsibilities and Rights of a parent in relation to a child?

As can be seen from section 18(2) of the Children’s Act, when we refer to Parental Responsibilities and Rights, we refer to the following: (a) to care for the child;  (b) to maintain contact with the child;  (c) to act as guardian of the child; and  (d) to contribute to the maintenance of the child. Therefore, if a parent has parental responsibilities and rights over a minor child, and accordingly, rights of guardianship, their Consent is required when it comes to issues of guardianship. As seen from section 18(3)(c) of the Children’s Act above, both parents’ Consent is required should a minor child depart from the Republic of South Africa. In this case, to emigrate to Germany. Even if the minor child only wants to go for a short holiday to Germany, both guardians’ Consent would be required.

When would the other parent be seen as a guardian in the case of a relocation matter to Germany?

It must be noted that not all parents are legal guardians over their minor children. We should therefore distinguish between married or divorced parents and parents who were never married. As you would see below, usually married, or divorced parents’ Consent would be required for a minor child to relocate or emigrate to Germany. However, that does not automatically apply to parents who were never married. This could be because the child could have been born from a brief encounter and never met his or her father. It would not make sense that a parent who never met his or her 15-year-old child, should give Consent for relocation to Germany.

Mother’s Consent for relocation of the minor child to Germany

Section 19 of the Children’s Act deals with the Parental responsibilities and rights of mothers. It states the following: 19 Parental responsibilities and rights of mothers  (1) The biological mother of a child, whether married or unmarried, has full parental responsibilities and rights in respect of the child.  (2) If-  (a) the biological mother of a child is an unmarried child who does not have guardianship in respect of the child; and  (b) the biological father of the child does not have guardianship in respect of the child, the guardian of the child’s biological mother is also the guardian of the child.  (3) This section does not apply in respect of a child who is the subject of a surrogacy agreement. As seen from section 19(1) of the Children’s Act, in most cases involving the relocation of a minor child to Germany, the mother’s Consent is required as she has full parental responsibilities and rights over the minor child.

Married father’s Consent for the relocation of the minor child to Germany

Section 20 of the Children’s Act deals with Parental responsibilities and rights of married fathers. It states the following: 20 Parental responsibilities and rights of married fathers The biological father of a child has full parental responsibilities and rights in respect of the child- (a) if he is married to the child’s mother; or (b) if he was married to the child’s mother at (i) the time of the child’s conception; (ii) the time of the child’s birth; or (iii) any time between the child’s conception and birth. As can be seen from sections 20 (a) and (b) of the Children’s Act, if the father and the mother were married, or are married, then his Consent is required for the minor child to relocate to Germany. Of course, an exception to this would be should a court of law order otherwise. This would be the case should the parents be divorced and the divorce court ordered that only the mother may act as guardian. Next, we deal with the issue of an unmarried father’s Consent to relocate a minor child to Germany.

Consent of unmarried fathers for the relocation of their minor children to Germany.

Section 21 of the Children’s Act deals with parental responsibilities and rights of unmarried fathers. The section states the following: 21 Parental responsibilities and rights of unmarried fathers  (1) The biological father of a child who does not have parental responsibilities and rights in respect of the child in terms of section 20, acquires full parental responsibilities and rights in respect of the child-  (a) if at the time of the child’s birth he is living with the mother in a permanent life-partnership; or  (b) if he, regardless of whether he has lived or is living with the mother-  (i) consents to be identified or successfully applies in terms of section 26 to be identified as the child’s father or pays damages in terms of customary law;  (ii) contributes or has attempted in good faith to contribute to the child’s upbringing for a reasonable period; and  (iii) contributes or has attempted in good faith to contribute towards expenses in connection with the maintenance of the child for a reasonable period.  (2) This section does not affect the duty of a father to contribute towards the maintenance of the child.  (3) (a) If there is a dispute between the biological father referred to in subsection (1) and the biological mother of a child with regard to the fulfilment by that father of the conditions set out in subsection (1) (a) or (b), the matter must be referred for mediation to a family advocate, social worker, social service professional or other suitably qualified person.  (b) Any party to the mediation may have the outcome  of the mediation reviewed by a court.  (4) This section applies regardless of whether the child was born before or after the commencement of this Act. As can be seen from the latter sections, a father of a child born out of wedlock does not automatically have parental responsibilities and rights over his minor child. He may however acquire those parental responsibilities and rights over his minor child if he is materially involved in the child’s life. That would be where the father and the mother were in a permanent life partnership when the child was born or he is meaningfully involved in the child’s life, as outlined above. We shall not go into much detail regarding that. However, in most cases, if the father had regular contact with the child and paid child support, he would have acquired parental responsibilities and rights over the minor child.

What do you do if the other parent does not want to consent to the minor child relocating to Germany?

Suppose the other parent also has parental responsibilities and rights over the minor child, and he or she does not want to consent to the relocation of the minor child to Germany, then in such a case, the Court needs to be approached. Here I refer you back to section 18(5) of the Children’s Act referred to above where it states: (5) Unless a competent court orders otherwise, the Consent of all the persons that have guardianship of a child is necessary in respect of matters set out in subsection (3)(c). Therefore, after your Court Application has been launched an both sides have been heard, the Court would make the necessary Order. If you are successful in your application for the relocation of your minor children to Germany, then the Court will make an Order similar to that which is shown below. [caption id="attachment_10782" align="alignnone" width="470"]Relocation consent for minor child to Germany - Adv Muhammad Abduroaf Relocation Consent Order[/caption] [caption id="attachment_10783" align="alignnone" width="483"]Relocation consent for minor child to Germany - Adv Muhammad Abduroaf Relocation Consent Order[/caption]

Posted on by Telelaw

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