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

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 Giyani

Whether you claim child maintenance in Giyani, 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 Giyani.

The maintenance scenario – Giyani 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 Giyani
2. The child is cared for by the mother who works in Giyani
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 Giyani
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 Giyani, it would be the maintenance court in Giyani. 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 Giyani, 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 Giyani Maintenance Court?

Once you have been notified of the maintenance court date by the Giyani 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 Giyani?

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

I want to get divorced as soon as possible with or without an attorney or advocate. What are the legal processes and best way to proceed?

1. Q: How do I start the divorce process? A: The divorce process typically begins by filing a divorce summons with the appropriate court. Consult with an attorney or advocate to understand the specific procedures in your jurisdiction. Basically, the court you need to approach is where you or your spouse resides.
2. Q: What are the grounds for divorce? A: Grounds for divorce are numerous, but may include irreconcilable differences, separation, adultery, cruelty, or abandonment. Basically, the marriage should have irretrievably broken down or cannot be saved.
3. Q: How long does the divorce process take? A: The duration of the divorce process varies widely. It depends on factors such as the complexity of issues, cooperation between parties, and the court’s capacity or caseload. It can range from a few months to several years.
4. Q: What is the difference between legal separation and divorce? A: Legal separation involves living apart and addressing issues such as child custody, support, and property division, but the couple remains married. In a divorce, the marriage is legally dissolved, and both parties can remarry.
5. Q: How is property divided in a divorce? A: Property division depends on how you were married to your spouse. If you were married in community of property, then there would be an equal division. If you were married with the accrual regime, then there is no division, however payment of money to the other spouse. Consulting with a lawyer can help you best understand the specific rules regarding your marriage.
6. Q: What happens to debts in a divorce? A: Debts acquired during the marriage are typically considered marital debts. These may be divided between the spouses during the divorce process. Consult with a legal professional to determine how debts are handled in your jurisdiction.
7. Q: How is child custody determined? A: Child custody decisions aim to serve the best interests of the child. Factors such as the parents’ ability to provide a stable environment, financial situation, and the child’s preference (depending on age) may be considered.
8. Q: How is child support calculated? A: Child support calculations are based on the needs of the child and means of the parents. They often take into account factors such as the income of both parents, the child’s needs, and the custodial arrangement. Child support guidelines are typically established by law.
9. Q: Do I need a lawyer for my divorce? A: While it’s possible to navigate a divorce without a lawyer, legal representation is advisable, especially if there are complex issues involved. A lawyer (advocate or attorney) can help ensure your rights are protected and assist with navigating the legal process.
10. Q: Can we settle our divorce without going to court? A: Yes, many divorces are settled through negotiation or alternative dispute resolution methods such as mediation or collaborative divorce. However, if an agreement cannot be reached, the case may proceed to court.

I need assistance with my divorce.