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Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Benoni.
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 Benoni
Whether you claim child maintenance in Benoni, 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 Benoni.
The maintenance scenario – Benoni South Africa
In this article, we will deal with the following fictitious scenario, in a child maintenance matter:
- The Child is seven years old and attends school in Benoni
- The child is cared for by the mother who works in Benoni
- The mother works and earns a Salary of R 10 000
- The father sees the child every second weekend. He also lives and works in Benoni
- The child’s monthly expenses are R 6000 – 00 which includes food, clothing, accommodation, education, travel etc.
- The father earns a reasonable salary and can afford the R 20 000 – 00 per month
- 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 Benoni, it would be the maintenance court in Benoni. 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 Benoni, 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 Benoni Maintenance Court?
Once you have been notified of the maintenance court date by the Benoni 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 Benoni?
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 Benoni 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 Benoni 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, Benoni, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester
Heartlands Baby Sanctuary
An event of excellence
Playing it Forward at De Zalze Golf course:
25th October 2024
A little bit about Heartlands:
Heartlands Baby Sanctuary, in Somerset West, is a residential (24 hour, 7 days a week) safe care facility that opened its doors 9 years ago. The facility aims to provide safety and protection for children who desperately need it. These are children who have endured unimaginable abuse, neglect, and abandonment, or who may have disabilities that make them even more vulnerable.
Throughout the years, we have been able to provide a home – like environment, to help make a positive impact on the lives just under 400 children. We have developed specialised programs to address their unique needs during their stay with us, and we have made remarkable differences. Witnessing how these children flourish and find happiness when they are shown love, care, and safety has been both heartbreaking, however, more heartwarming.
Children who get a healthy start to life in the 1st 1 000 days and beyond are:
- 10 times more likely to overcome life threatening childhood diseases
- More likely to complete nearly 5 more grades in school
- More likely to go on to earn 21% more in wages as adults
- More likely to have healthier families of their own
Our key annual fundraising event
`If it goes right, it’s a slice, if it goes left, it’s a hook,
if it goes straight, it’s a miracle’ Doug Fields

This year, De Zalze are only allowing 5 charities to hold golf days, and Heartlands has been selected as one from countless others, given the very high standard of our previous golf days.
THE ASK:
This fundraising golf day aims to contribute significantly towards bringing our annual costs down, but not only that, it will assist us in raising more financial support through exposing us to potential new donors. De Zalze is recognized as a five-star golf course in South Africa, attracting very high LSM players.
Your benefits as a sponsor / donor:
- Elevate your brand visibility, forge new customer connections, foster business collaborations, and relish a memorable time on the course—all while championing a noble cause.
- Discover a spectrum of sponsorship options tailored to suit your budget and marketing objectives at our tournament.
- Ensure that you, your colleagues, and esteemed clients can enjoy an exhilarating Playing it Forward, Heartlands Baby Sanctuary Golf Day, with huge benefits such as unique auction items and prizes.
- Transform Lives While Boosting Your Brand
Sponsorship opportunities include: (some of which are tax-deductible)
- Co-Branded golf shirts: max. R16 000 for staff and volunteers and 4 x representatives from your company (qty 40 – approximately R400 per shirt including embroidery)
- Dinner incl. set up: R32 000 (big, delicious braai platters) – tax-deductible.
- Taking a 4-ball R7 000 and/ or sponsoring a dry hole R4 500 or wet hole R5 000
- Overall contribution towards golf day – tax-deductible pending client requests
- TITLE SPONSOR R70 000 includes all of above including branding throughout the venue and at the entrance and deck, positioning on TV screens at the venue, newsletter (5 500 reach), Facebook (7 700 reach) and includes one 4-ball and one wet hole.
PLUS
- Potential access to the database, pending question at registration to receive communication from yourselves with a YES/ NO for POPI reasons.
I do hope you can assist us in our fundraising, Day of Difference, Playing it Forward golf day. We would love to have you on board for an awesome day out on the golf course, whilst giving you great visibility and the opportunity to meet new clients, and to spoil your existing clients. If you are not able to help with the golf day, there are various other ways of helping. Simply liking and sharing our social media posts, and circulating this with friends, family and colleagues, will help create awareness around the work we do, helping us immensely.
Thank you for your time and I look forward to hearing from you.
Kind regards,
Nikki Bower – Sustainability| Marketing | Events
021 – 852 3527

Heartlands Baby Sanctuary
An event of excellence
Playing it Forward at De Zalze Golf course:
25th October 2024
A little bit about Heartlands:
Heartlands Baby Sanctuary, in Somerset West, is a residential (24 hour, 7 days a week) safe care facility that opened its doors 9 years ago. The facility aims to provide safety and protection for children who desperately need it. These are children who have endured unimaginable abuse, neglect, and abandonment, or who may have disabilities that make them even more vulnerable.
Throughout the years, we have been able to provide a home – like environment, to help make a positive impact on the lives just under 400 children. We have developed specialised programs to address their unique needs during their stay with us, and we have made remarkable differences. Witnessing how these children flourish and find happiness when they are shown love, care, and safety has been both heartbreaking, however, more heartwarming.
Children who get a healthy start to life in the 1st 1 000 days and beyond are:
- 10 times more likely to overcome life threatening childhood diseases
- More likely to complete nearly 5 more grades in school
- More likely to go on to earn 21% more in wages as adults
- More likely to have healthier families of their own
Our key annual fundraising event
`If it goes right, it’s a slice, if it goes left, it’s a hook,
if it goes straight, it’s a miracle’ Doug Fields

This year, De Zalze are only allowing 5 charities to hold golf days, and Heartlands has been selected as one from countless others, given the very high standard of our previous golf days.
THE ASK:
This fundraising golf day aims to contribute significantly towards bringing our annual costs down, but not only that, it will assist us in raising more financial support through exposing us to potential new donors. De Zalze is recognized as a five-star golf course in South Africa, attracting very high LSM players.
Your benefits as a sponsor / donor:
- Elevate your brand visibility, forge new customer connections, foster business collaborations, and relish a memorable time on the course—all while championing a noble cause.
- Discover a spectrum of sponsorship options tailored to suit your budget and marketing objectives at our tournament.
- Ensure that you, your colleagues, and esteemed clients can enjoy an exhilarating Playing it Forward, Heartlands Baby Sanctuary Golf Day, with huge benefits such as unique auction items and prizes.
- Transform Lives While Boosting Your Brand
Sponsorship opportunities include: (some of which are tax-deductible)
- Co-Branded golf shirts: max. R16 000 for staff and volunteers and 4 x representatives from your company (qty 40 – approximately R400 per shirt including embroidery)
- Dinner incl. set up: R32 000 (big, delicious braai platters) – tax-deductible.
- Taking a 4-ball R7 000 and/ or sponsoring a dry hole R4 500 or wet hole R5 000
- Overall contribution towards golf day – tax-deductible pending client requests
- TITLE SPONSOR R70 000 includes all of above including branding throughout the venue and at the entrance and deck, positioning on TV screens at the venue, newsletter (5 500 reach), Facebook (7 700 reach) and includes one 4-ball and one wet hole.
PLUS
- Potential access to the database, pending question at registration to receive communication from yourselves with a YES/ NO for POPI reasons.
I do hope you can assist us in our fundraising, Day of Difference, Playing it Forward golf day. We would love to have you on board for an awesome day out on the golf course, whilst giving you great visibility and the opportunity to meet new clients, and to spoil your existing clients. If you are not able to help with the golf day, there are various other ways of helping. Simply liking and sharing our social media posts, and circulating this with friends, family and colleagues, will help create awareness around the work we do, helping us immensely.
Thank you for your time and I look forward to hearing from you.
Kind regards,
Nikki Bower – Sustainability| Marketing | Events
021 – 852 3527
