Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Port Nolloth.

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 Port Nolloth

Whether you claim child maintenance in Port Nolloth, 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 Port Nolloth.

The maintenance scenario – Port Nolloth South Africa

In this article, we will deal with the following fictitious scenario, in a child maintenance matter:

1. The Child is seven years old and attends school in Port Nolloth
2. The child is cared for by the mother who works in Port Nolloth
3. The mother works and earns a Salary of R 10 000
4. The father sees the child every second weekend. He also lives and works in Port Nolloth
5. The child’s monthly expenses are R 6000 – 00 which includes food, clothing, accommodation, education, travel etc.
6. The father earns a reasonable salary and can afford the R 20 000 – 00 per month
7. The mother claims R 4 000 – 00 maintenance as the father earns double her salary

What is the first step the mother must take in claiming child maintenance?

The first thing the mother must do is work out exactly what the child costs by item. She breaks down the minor child’s living expenses, starting from rent or accommodation to groceries to school fees etc. Once she has done that, she would need to determine what exactly does the minor child cost per month, seeing that she will be asking the father to contribute towards that. As best as possible, she needs to collect proof of expenses. This can be in the form of receipts.

How does she start the legal process?

The mother now needs to approach the maintenance court in the area where she lives or works to lodge a complaint for child maintenance. If she lives or works in Port Nolloth, it would be the maintenance court in Port Nolloth. She will complete a Form A wherein she will provide all the expenses for her and the minor child. She would also have to stipulate her income. Once she completed the form and submitted it to the maintenance court, she must then follow the next step.

What do you do while waiting for the maintenance court date?

While you wait to be informed of the court date by the Maintenance Court of Port Nolloth, and up until the actual first court date, you need to ensure that you keep a record of all income and expenses for you and the child. This is very important as the court allocates maintenance based on recent income and expenses.

What happens at the first court appearance at the Port Nolloth Maintenance Court?

Once you have been notified of the maintenance court date by the Port Nolloth Maintenance Court, you need to ensure that you attend it. On that day, both you and the father of the child would appear before a maintenance officer. The maintenance officer would go through both your income and expenses as well as that of the father. If all the relevant information is not before the maintenance court, then the matter may be postponed in order for the parties to submit it.

The maintenance officer will try to settle the matter and have the parents come to an agreement regarding the amount of child maintenance to be paid. If they cannot come to an agreement regarding the child maintenance to be paid, the matter would have to proceed to a formal hearing or trial before a Magistrate.

How does the Maintenance Court hearing or trial work in Port Nolloth?

Essentially, the maintenance court is called upon to make a fair ruling regarding what is a fair amount of child support that needs to be paid. For that to happen, the parents would have to give evidence in that regard. The mother would present to the court what the child costs, what she contributes and what she requires the other parent to pay. The Father would have a right to question the mother and to present evidence as to why he cannot afford the amount requested or why he feels it is an unfair amount. The mother can they also question him.

At the end of the day, the Port Nolloth Maintenance Court would be able to properly determine what is a fair and adequate amount of child maintenance to pay after being presented will all relevant information. The Port Nolloth Maintenance Court should play an active role in determining what is a fair amount of child maintenance the father should pay.

The above child maintenance application principles 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, Port Nolloth, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester

My marriage has broken down. I want to find the best divorce lawyer (Attorney or Advocate) in South Africa for my case. How do I do it?

1. Ask for Recommendations:

   • Seek recommendations from friends, family, or colleagues who have gone through a divorce or have legal knowledge.
   • Consult with other professionals you trust, such as accountants, therapists, or even other lawyers.

2. Online Research:

   • Use online legal directories and platforms that provide information about lawyers in South Africa.
   • Read reviews and testimonials from previous clients to gauge the lawyer’s reputation.

3. Bar Councils or Law Societies:

   • Contact the Law Society of South Africa, Legal Practice Council, or the provincial bar association. They can provide a list of qualified divorce lawyers, attorneys or advocates.

4. Consult with Multiple Lawyers:

   • Schedule consultations with several divorce lawyers to discuss your case and assess their expertise and approach.
   • Inquire about their experience in handling divorce cases, especially those similar to yours.

5. Check Credentials:

   • Verify the lawyer’s credentials, including their education, licensing, and any additional certifications.
   • Confirm their specialization in family law or divorce cases.

6. Consider Experience:

   • Choose a lawyer with substantial experience in divorce and family law. An experienced lawyer is likely to be familiar with local laws and court procedures.

7. Communication Style:

   • Assess the lawyer’s communication style during the initial consultation. Choose someone who listens to your concerns, explains legal matters clearly, and is responsive to your questions.

8. Fee Structure:

   • Discuss the lawyer’s fee structure during the consultation. Ensure you understand how they charge for their services, including any additional costs.

9. Client References:

   • Ask the lawyer for references from previous clients. Speaking with individuals who have worked with the lawyer can provide valuable insights into their professionalism and success rate.

10. Check Disciplinary Record:

    • Check with the relevant bar association to ensure the lawyer doesn’t have a history of disciplinary actions or complaints.

11. Trust Your Instincts:

    • Trust your instincts when choosing a lawyer. If you feel comfortable and confident in their abilities during the consultation, it’s likely to be a good fit.

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