ABC Guide to Applying for Child Support/Child Maintenance in Cape Town (and South Africa)

The procedures for instituting a complaint for child maintenance are regulated by the Maintenance Act 99 of 1998. Below is a simple “ABC” guide to help you get started in claiming maintenance for yourself, your children, or dependents. This guide was created to encourage individuals to seek the maintenance they need. Please remember that the Maintenance Court is available to assist you with any legal queries you may have. This guide would apply whether you live in Cape Town, or anywhere in South Africa. Before outlining the steps for claiming maintenance in Cape Town (or anywhere in South Africa), I will first address the following question:

Question: From whom can maintenance be claimed?

Answer:Maintenance can be claimed from individuals who have a legal obligation to provide it. For example, children can claim maintenance from their parents, and a wife can claim it from her husband, and vice versa. Since children are minors, their parent or guardian assists them in the maintenance process; however, it is ultimately the child who is making the claim. This guide applies to all senarios.

What are the basic steps to follow when claiming child maintenance in Cape Town (or anywhere in South Africa)

Step 1: Gather Income and Expenses

1. Collect all proof of income, such as pay slips. If you are self-employed, obtain documentation that verifies your monthly earnings. If you are unemployed, that’s acceptable as well. 2. Compile a list of all monthly expenses for yourself and your children. This should include rent, groceries, clothing, entertainment, etc. This information will be essential when completing the maintenance application form in Step 2. 3. Gather details about the individual from whom you are requesting maintenance, including their home and work addresses, as well as their identity number.

Step 2: Visit the Maintenance Court

1. Go to the Maintenance Court closest to your location and obtain the “Application for Maintenance Order Form,” commonly referred to as “Form A.” If you live or work in the Cape Town CBD, then then go to the Cape Town Maintenance Court. 2. Use the information collected in Step 1 to fill out the form. The form is an affidavit, so you will need to swear to the accuracy of the information and sign it. Be honest in your disclosures, as providing incorrect information may lead to cross-examination in court, which can work against you. 3. If you need assistance in completing the form, the maintenance officers will be available to help you. After filling out the Application for Maintenance Order Form, return it to the maintenance officer for processing. If the officer can provide you with a reference or case number immediately, be sure to request it. 4. The Maintenance Court will send you and the individual you are claiming maintenance from a notice or subpoena to appear at the Maintenance Court for an inquiry with the maintenance officer. Make sure to mark the date on your calendar right away and arrange your work commitments and childcare as soon as possible. Missing the date may result in delays of several months in rescheduling your hearing.

Get Your Documents in Order – Step 3

From the moment you leave the office of the maintenance officer and even from the time you decide to claim maintenance, it’s crucial to keep all receipts for any items purchased for yourself and your child. Whether it’s diapers, toys, or any other necessities, treat those receipts as if they are gold. This is important because you will need to prove to the court that you genuinely spend money on your child, and having the receipts will serve as evidence.

Notification from the Maintenance Court

You will soon receive a notification from the Maintenance Court regarding a date to return for an inquiry. You may be informed by mail, email or through a subpoena. On that date, both you and the individual from whom you are claiming maintenance must appear. If you plan to have a legal representative, let them know the date as soon as possible, so they can be available to assist you in court. In the notice to appear for the maintenance inquiry, you will be required to bring proof of all expenses and income for both yourself and your child. This is why it’s essential to keep all evidence of expenditures in a secure place.

**Hint:** If possible, bring both the original documents and photocopies. The originals can be taken home afterward, while the copies will remain in the court file.

 

The Maintenance Inquiry – Step 4

This step involves the maintenance inquiry where you and the party from whom you are claiming maintenance will meet with a maintenance officer. The officer will speak with each party and review the documents provided. Both parties will have the opportunity to explain why maintenance is needed and why the requested amount may be unaffordable. The maintenance officer will try to resolve the matter on the spot to avoid a court trial. If an agreement can be reached, that amount can be formalized as a court order. If an agreement cannot be reached, the case may be referred to trial, depending on the court’s procedures. Remember, if you are a father or a person currently paying maintenance or child support, you can apply for a reduction. Conversely, if you need an increase in maintenance or child support, you can also make that application.

Sharing is Caring

This article and others on this website are written by Adv. Muhammad Abduroaf to assist individuals with various family law-related issues. If you find our articles, resources, or posts helpful, consider sharing them on social media.  
Posted on by Telelaw

ABC Guide to Applying for Child Support/Child Maintenance in Cape Town (and South Africa)

The procedures for instituting a complaint for child maintenance are regulated by the Maintenance Act 99 of 1998. Below is a simple “ABC” guide to help you get started in claiming maintenance for yourself, your children, or dependents. This guide was created to encourage individuals to seek the maintenance they need. Please remember that the Maintenance Court is available to assist you with any legal queries you may have. This guide would apply whether you live in Cape Town, or anywhere in South Africa.

Before outlining the steps for claiming maintenance in Cape Town (or anywhere in South Africa), I will first address the following question:

Question: From whom can maintenance be claimed?

Answer:Maintenance can be claimed from individuals who have a legal obligation to provide it. For example, children can claim maintenance from their parents, and a wife can claim it from her husband, and vice versa. Since children are minors, their parent or guardian assists them in the maintenance process; however, it is ultimately the child who is making the claim. This guide applies to all senarios.

What are the basic steps to follow when claiming child maintenance in Cape Town (or anywhere in South Africa)

Step 1: Gather Income and Expenses

1. Collect all proof of income, such as pay slips. If you are self-employed, obtain documentation that verifies your monthly earnings. If you are unemployed, that’s acceptable as well.
2. Compile a list of all monthly expenses for yourself and your children. This should include rent, groceries, clothing, entertainment, etc. This information will be essential when completing the maintenance application form in Step 2.
3. Gather details about the individual from whom you are requesting maintenance, including their home and work addresses, as well as their identity number.

Step 2: Visit the Maintenance Court

1. Go to the Maintenance Court closest to your location and obtain the “Application for Maintenance Order Form,” commonly referred to as “Form A.” If you live or work in the Cape Town CBD, then then go to the Cape Town Maintenance Court.
2. Use the information collected in Step 1 to fill out the form. The form is an affidavit, so you will need to swear to the accuracy of the information and sign it. Be honest in your disclosures, as providing incorrect information may lead to cross-examination in court, which can work against you.
3. If you need assistance in completing the form, the maintenance officers will be available to help you. After filling out the Application for Maintenance Order Form, return it to the maintenance officer for processing. If the officer can provide you with a reference or case number immediately, be sure to request it.
4. The Maintenance Court will send you and the individual you are claiming maintenance from a notice or subpoena to appear at the Maintenance Court for an inquiry with the maintenance officer. Make sure to mark the date on your calendar right away and arrange your work commitments and childcare as soon as possible. Missing the date may result in delays of several months in rescheduling your hearing.

Get Your Documents in Order – Step 3

From the moment you leave the office of the maintenance officer and even from the time you decide to claim maintenance, it’s crucial to keep all receipts for any items purchased for yourself and your child. Whether it’s diapers, toys, or any other necessities, treat those receipts as if they are gold. This is important because you will need to prove to the court that you genuinely spend money on your child, and having the receipts will serve as evidence.

Notification from the Maintenance Court

You will soon receive a notification from the Maintenance Court regarding a date to return for an inquiry. You may be informed by mail, email or through a subpoena. On that date, both you and the individual from whom you are claiming maintenance must appear. If you plan to have a legal representative, let them know the date as soon as possible, so they can be available to assist you in court.

In the notice to appear for the maintenance inquiry, you will be required to bring proof of all expenses and income for both yourself and your child. This is why it’s essential to keep all evidence of expenditures in a secure place.

**Hint:** If possible, bring both the original documents and photocopies. The originals can be taken home afterward, while the copies will remain in the court file.

 

The Maintenance Inquiry – Step 4

This step involves the maintenance inquiry where you and the party from whom you are claiming maintenance will meet with a maintenance officer. The officer will speak with each party and review the documents provided. Both parties will have the opportunity to explain why maintenance is needed and why the requested amount may be unaffordable.

The maintenance officer will try to resolve the matter on the spot to avoid a court trial. If an agreement can be reached, that amount can be formalized as a court order. If an agreement cannot be reached, the case may be referred to trial, depending on the court’s procedures.

Remember, if you are a father or a person currently paying maintenance or child support, you can apply for a reduction. Conversely, if you need an increase in maintenance or child support, you can also make that application.

Sharing is Caring

This article and others on this website are written by Adv. Muhammad Abduroaf to assist individuals with various family law-related issues. If you find our articles, resources, or posts helpful, consider sharing them on social media.

 

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

  Family law legal matters can be very stressful. This is so whether you live in Oudtshoorn 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 Oudtshoorn. 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 Oudtshoorn or any other city in South Africa.

What to do before visiting the Oudtshoorn Children’s Court

Before you approach the Children’s Court in Oudtshoorn, 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. Oudtshoorn 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 Oudtshoorn 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 Oudtshoorn Children’s Court

The Oudtshoorn Children’s Court should be approached if it is the closest Children’s Court to you. You need to verify with the Oudtshoorn 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 Oudtshoorn 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 Oudtshoorn. 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 Oudtshoorn Children’s Court

Once you complete the Form A and submit it to the Clerk of the Oudtshoorn 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 Oudtshoorn 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 Oudtshoorn Children’s Court

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

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20 Relocation with my minor child to Japan, Tokyo (Consent and Refusal) – Advocate Muhammad Abduroaf The world is becoming a much smaller place, and technology plays a huge role. People are moving across the world for employment, love and happiness, something that was not the norm a few decades ago. There is no reason why you should remain in South Africa if you can find a better life for yourself and your family overseas. Moving overseas may provide you with the quality of life you want or the possibility of experiencing things you always wanted. The same applies to your child or children relocating with you. Relocation of your minor child to Tokyo, Japan If you are single and do not have any minor children, then moving around the world would not be too complicated. All you need to do is ensure that you have the necessary travel documentation and travel ticket (and spending money), and off you go. However, if you want to travel with your minor children (for example, ages five or six) or relocate to another country, things may not be that simple. Firstly, if there is another parent, and he or she has parental responsibilities and rights, then his or her consent is required. For example, let us say you live in Germiston or Pinetown, South Africa, and you want to relocate to Tokyo, Japan, you would require the other parent’s consent to leave South Africa with your minor child. This can cause challenges, especially if the staying parent (in South Africa) does not agree to the relocation. What about Passport Consent to travel or relocate to Tokyo, Japan? The same applies when it comes to your minor child applying for a South African passport to relocate to Japan, or any country. Both parents who have parental responsibilities and rights of guardianship will have to consent to the minor child’s passport application as well. In this regard, both parents have to be at the Department of Home Affairs (or the relevant bank that also assists with passport application) when making the Application with the minor child. This can be challenging if you have a disinterested parent who does not want to cooperate with the passport application. As you will see later, legal action would need to be taken. What are the steps to follow when I want to relocate to Tokyo, Japan with my minor child? There is there another parent. To simplify the process for relocation, the first step would be to receive the other parent’s consent in principle for the relocation and that he or she will co-operate in this regard. Once that has been resolved, the parent relocating would need to make the appointment for the minor child’s passport application as well as the application for the relevant VISA. Each country has different requirements; however, seeing that it is a relocation, you need to apply for the correct VISA. For that, you need the Passport. Once the visa and travel arrangements have been finalised, the parent remaining behind will sign a parental consent letter for the international travel. That letter can be found on the Department of Home Affairs website. Basically, the parent remaining behind would state that he or she gives consent for the minor child to leave the Republic of South Africa and travel and/or relocate to Tokyo, Japan. What can I do if the other parent does not want to consent to the minor child’s relocation to Tokyo, Japan? If the parent remaining in South Africa does not want to consent to the minor child’s passport application and/or his or her relocation to Tokyo, Japan, then you would need to approach the Court. The Court, as upper guardian of the minor child, may order that the parent’s consent for the passport application and relocation be dispensed with. What this entails is submitting Court documents explaining why you want to relocate to Tokyo, Japan. The other parent would also have an opportunity to give reasons why he or she objects. At the end of the process, the Court would determine what is in the minor child’s best interests. If it is in the minor child’s best interests to relocate to Tokyo, Japan, the Court would make it possible despite the issue of consent or refusal. What is the first step I should take if the other parent does not want to consent to the minor child’s passport application and/or relocation to Tokyo, Japan? If the other parent does not want to consent to the passport application and/or the relocation of the minor child to Tokyo, Japan – in that case, we suggest you approach an attorney or advocate (trust account) to assist you with the legal process. He or she would then contact the other parent explaining the reasons for the relocation and request the necessary consent. If the parent remaining in South Africa does still not agree to the passport application and/or to the relocation to Tokyo, Japan, then the attorney or advocate will proceed to take the matter to court. The legal route can be expensive. However, it is necessary to make the relocation of the minor child possible. You may also attend to the legal process yourself. Getting legal assistance or help with your relocation application to Tokyo, Japan If you require legal assistance or representation with relocating to Tokyo, Japan due to the other parent not cooperating or providing consent, then feel free to contact us for assistance. The Firm Advocate, Muhammad Abduroaf, deals with these types of matters.

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