Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Mmabatho. 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 Continue Reading
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Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Germiston.
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 Germiston
Whether you claim child maintenance in Germiston, 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 Germiston.
The maintenance scenario – Germiston 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 Germiston
- The child is cared for by the mother who works in Germiston
- 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 Germiston
- 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 Germiston, it would be the maintenance court in Germiston. 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 Germiston, 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 Germiston Maintenance Court?
Once you have been notified of the maintenance court date by the Germiston 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 Germiston?
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 Germiston 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 Germiston 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, Germiston, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester
Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Germiston. 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 Continue Reading
Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Cape Town.
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 Cape Town
Whether you claim child maintenance in Cape Town, 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 Cape Town.
The maintenance scenario – Cape Town 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 Cape Town
- The child is cared for by the mother who works in Cape Town
- 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 Cape Town
- 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 Cape Town, it would be the maintenance court in Cape Town. 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 Cape Town, 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 Cape Town Maintenance Court?
Once you have been notified of the maintenance court date by the Cape Town 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 Cape Town?
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 Cape Town 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 Cape Town 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, Cape Town, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester
Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Cape Town. 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 Continue Reading
Top tips from a Senior Family Law Advocate on how to deal with your Child Custody matter in the Springs Children’s Court
Family law legal matters can be very stressful. This is so whether you live in Springs 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 Springs. 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 Springs or any other city in South Africa.
What to do before visiting the Springs Children’s Court
Before you approach the Children’s Court in Springs, 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. Springs 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 Springs 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 Springs Children’s Court
The Springs Children’s Court should be approached if it is the closest Children’s Court to you. You need to verify with the Springs 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 Springs 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 Springs.
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 Springs Children’s Court
Once you complete the Form A and submit it to the Clerk of the Springs 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 Springs 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 Springs Children’s Court
Once the Springs 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 Springs 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, Springs, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester
Top tips from a Senior Family Law Advocate on how to deal with your Child Custody matter in the Springs Children’s Court Family law legal matters can be very stressful. This is so whether you live in Springs or any other city in South Africa. Especially so if you Continue Reading
Family Legal Products
Our law offices boast a well-renowned family and business legal consultancy that aims at offering professional legal advice and guidance where necessary. We offer the following legal services which comes with an estimated cost for our legal products:
| Ante-nuptial Contracts | R 2 100 – 00 |
| Basic Will Drafting | R 1 000 – 00 |
| Email Legal Advice (per question) | R 299 – 00 |
| Family Trust Registration | R 7500 – 00 |
| Shariah Will Drafting | R 950 – 00 |
| Unopposed Divorces | R 9500 – 00 |
Business legal services
Are you a business owner or self-starting business enthusiast? For many, starting a business or taking that first step can be extremely daunting. We understand this – which is why we have made business legal guidance available at our law offices for your convenience. Would you like some legal guidance on how to go about your business in the legal framework of things? Do not hesitate to call our law offices on 021 424 3487 for an online appointment to consult with the legal expert. We offer the following business legal services:- Business Legal Support
- Business Legislation Compliance
- Drafting of Business Contacts
- Drafting Employment Contacts
- Business Legal Training
- Private and Non Profit Company Registrations
- Credit Profiles
- Business Trusts Registration
Family Trust Registrations
The objective of a trust is to help manage your assets more efficiently. A trust allows you to dictate how and when you would want your assets to be distributed. Before going forth with a trust, you need to understand why you’re getting a trust. The following are important pointers to consider when getting a trust:- Understand why you are setting up the trust: think about the purpose of the trust.
- What type of trust you would like to set up: find out more about the different type of trusts and make a call as to which trust you will require.
- Property and assets: think about how you like to set out the rules of the trust and think about how this will govern your property and assets.
- Beneficiaries: the person who will benefit from your assets. Think about who your beneficiaries are and how they will benefit – will it be a few beneficiaries or will it be an institution?
- Trustee: this is the one who is in charge of the trust. He/she must understand the expectations and rules of the trust and ensure that all is in order.
- Rules: different trusts have different rules. Your legal expert will explain this you when attempting to register your trust. It is important that the rules are carried out accordingly.
Family Trust VS your Last Will and Testament
First of all, a will is a written document signed with witnesses which indicates how your assets will be distributed at the time of your death. A will is effective only after your death by which all wishes of the deceased must be carried out accordingly. For professional legal drafting of a Will, do feel free to call our our law offices on 021 424 3487 for an online appointment for a professional legal consultation today. Connect with us!Family Legal Products Our law offices boast a well-renowned family and business legal consultancy that aims at offering professional legal advice and guidance where necessary. We offer the following legal services which comes with an estimated cost for our legal products: Ante-nuptial Contracts R 2 100 – 00 Basic Will Continue Reading
Relocation with my minor child to Spain, Madrid (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 Madrid, Spain
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 one or two) 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 Alice or Bethlehem, South Africa, and you want to relocate to Madrid, Spain, 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 Madrid, Spain?
The same applies when it comes to your minor child applying for a South African passport to relocate to Spain, 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 Madrid, Spain 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 Madrid, Spain. What can I do if the other parent does not want to consent to the minor child’s relocation to Madrid, Spain?
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 Madrid, Spain, 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 Madrid, Spain. 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 Madrid, Spain, 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 Madrid, Spain?
If the other parent does not want to consent to the passport application and/or the relocation of the minor child to Madrid, Spain – 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 Madrid, Spain, 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 Madrid, Spain
If you require legal assistance or representation with relocating to Madrid, Spain 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.
Relocation with my minor child to Spain, Madrid (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. Continue Reading
I need to know, when does a parent’s obligation to pay child maintenance end?
Paying child maintenance, or maintaining their child, is the legal obligation of every parent. A parent does not have a choice in this matter. However, the level and standard of contribution are dependent on the means of the parent. In this article, we will look at the aspect of when does child maintenance come to an end. In this regard, we will look at two situations, one where there is a maintenance order in place and the other where there is not. However, before proceeding with those issues, let us first deal with the issue of who should pay child maintenance.Pay child maintenance according to your means
The law expects a parent to provide child support according to their respective memes. What this entails, is that a parent should only pay what he or she can afford. Therefore, even if a child requires a huge amount of child support, if a parent cannot afford to provide, he or she will not be held responsible. Therefore, the other parent would have to support the child according to his or her means. In applying this principle in practice, it means one parent may have to pay more child support than the other parent. However, various factors will have to be looked at. The law does not only look at your income but also at your expenses. If a father earns a substantial amount of money per month, we also have to look at his expenses in order to earn such an amount. For example, he needs to travel overseas regularly and purchase expensive electronics. Those overseas expenses and gadgets should be factored in when considering his means.The Maintenance Order – Divorce or Maintenance Court
Many a time, parents approach the Maintenance Court for assistance in obtaining maintenance from the other parent. This process usually ends with the court making a maintenance order. This is sometimes by agreement and other times through formal processes like hearings or trials. The same is true in the case of a divorce. When the court grants a decree of divorce, it will make a maintenance order should there be minor children involved. Usually, the order will stipulate until when maintenance is payable in terms of the order. In terms of our law, a court should not grant a decree of divorce unless it is satisfied that the minor children’s interest is looked after. What should the maintenance order state?
It is of vital importance, that when parties agree on a maintenance order, they are as simple and direct as possible. No one wants to argue over a vague maintenance order years down the line when issues arise. Therefore, although you took a day to settle a maintenance matter, you may take weeks to settle a maintenance dispute based on a simple clause. The order should specifically deal with the aspect of how maintenance should be paid, where it should be paid and until when.The date the maintenance order lapses
If the maintenance orders state that maintenance will come to an end when the children reach the age of eighteen, then, under those circumstances, the court order will fall away when they reach that age. Another age usually stipulated in a maintenance order is the age of twenty-one. Furthermore, it is sometimes stipulated in a maintenance order that maintenance is paid until the children are self-supporting. The latter situation could become problematic as to how is it determined when a child is self-supportive. This we deal with next.Child becoming self-supportive
Obviously, if the child moves out of the house, gets a job and pay for his or her own expenses, he or she is self-supportive. However, if the child still resides with his or her parents, but is capable of earning a reasonable income, a dispute might arise regarding whether or not the child is self-supportive. Nonetheless, the maintenance order will stand until the conditions stipulated in the order have passed. The parents would, therefore, have a legal obligation to pay the maintenance as stated in the order.Does a maintenance order fall away when the child turns eighteen?
As stated above, age does not play a role as to until when child maintenance must be paid. The fundamental issue is that of being self-supportive. Therefore, even if the order says you must pay child maintenance until the child is twenty-one years old, but at the age of eighteen the child earns a much greater salary than his or her parents, and is accordingly self-supportive, then under those circumstances maintenance is not due to the child. In such a case, the parties must agree that maintenance should not be paid. If such an agreement is not forthcoming, then the party who is obliged to pay child support should approach the court to have the order set aside.To whom should maintenance be paid when the child turns eighteen?
Child maintenance is due to the child and not to the other parent. However many a time, a child of eighteen is still attending school and cared for by a parent. Therefore, although the child is an adult, he or she is not in a position to care for him or herself. Maintenance in terms of the court order should still be paid to the parent caring for the child. Once the child is mature enough, or he or she moved out of the home of the caregiver, he or she may then, under those circumstances, receive the maintenance directly from the relevant parent.Can a child over the age of eighteen claim maintenance from his or her parents?
If there is no maintenance order in place, when a child turns eighteen, he or she will have to apply for maintenance from his or her parents. As the child is an adult, his or her parents cannot approach the Maintenance Court on his or her behalf. In other words, a parent cannot apply for maintenance on behalf of his or her adult child. This could become problematic, should the child, being an adult, still attend school.
I need to know, when does a parent’s obligation to pay child maintenance end? Paying child maintenance, or maintaining their child, is the legal obligation of every parent. A parent does not have a choice in this matter. However, the level and standard of contribution are dependent on the means Continue Reading
Child custody appeals from the Children’s Court to the High Court of South Africa
This article deals with an appeal from the Children’s Court to the High Court. I’ve never been one to complain of my legal situation. The father of my daughter, and I have always had a cordial relationship. Until recently, the father of my minor child paid child support, and he would have contact with her regularly. However, what the father has done recently was approach the children’s court and make false allegations that I have been refusing him contact with his minor daughter. This was not to be done, and I could not allow him to continue lying to the court.Our past relationship before approaching the Children’s Court
To give some context, the father of my minor child and I met 12 years ago. Soon after, I fell pregnant, and my minor child was born. The father was not involved much in the minor child’s life until soon after she was born. He only met the minor child for the first time when she was about seven months old. He saw her at least once a year until she started attending school. At this time, I approached him for child maintenance because he had not been paying adequate child maintenance for the minor child.Approaching the Maintenance Court and the Children’s Court
We then approached the maintenance court, and the maintenance court ordered that he pay half the minor child’s school fees, place her on his medical aid, and pay a cash contribution towards her daily expenditure. At the same time, we also approached the children’s court, which assisted us in drafting a parenting plan. The father would see the minor child every second weekend from a Friday until late Sunday as well as one evening in the week. We would also share half the school holidays as well as special days. This would include the minor child‘s birthday, Father’s Day, Mother’s Day, and so on.Father wanting every weekend with teh minor child
All went well regarding visitation until about a year ago. The father said I am limited his contact regarding the minor child. He wanted to have her on weekends with her as well. Me not agreeing to is, according to him, is refusing him contact. I told him that I also need time with the minor child on weekends. I already care for the child during the week. I attend to her homework and all her needs. At least two weekends a month, I require time to go out with her, take her to the beach, maybe watch a movie, and have some fun time together.Father approaches the Children’s Court for a variation of the Parenting Plan
It is unfair that he should have the minor child every weekend and not take care of her during the week. Furthermore, the care and contact arrangement that is in place was finalised with the children’s court. I was therefore acting in terms of a court order. The father then approached the children’s court, and we had a hearing date. The matter proceeded to the children’s court magistrate, who heard both parties.Decision of the Children’s Court
At the end of the enquiry, the children’s court made an order that the father may have the minor child in his care for three weekends per month. What the children’s court did not do was ask the minor child what the minor child wanted. Furthermore, it has not appointed a legal representative for the minor child. Lastly, there was no expert recommendation on this matter. For example, the children’s court did not appoint the office of all the family advocates, or are you a social worker to investigate this matter?Appealing to the High Court regarding the Children’s Court decision
They failed to consider various factors and assistance from other parties that would assist the court in determining the minor child’s best interest. I then sought the assistance of an attorney, who advised me that I would need to appeal the children’s court’s decision. We then requested reasons for the children’s court decision. In short, the children’s court magistrate was of the view that the minor child does not need to spend so much time with me on the weekend, seeing that I am already caring for her during the week.High Court dealing with the Appeal from the Children’s Court
The matter then proceeded to the High Court. The High Court took issue with the fact that the children’s court had not consulted with the minor child, has not obtained the assistance of the office of all the family advocates or a social worker, nor has the children’s court appointed a legal representative to the minor child to determine what the minor child’s view and wishes are. The High Court ordered that the care and contact arrangement that was in place should remain.Possitive outcome of the Appeal to the High Court
I was thrilled that I took the matter to the High Court and appealed the children’s court decision. Had I not decided to take the magistrate to the children’s court on appeal, the father of the minor child would’ve had three weekends a month with the minor child and me only one. This, I believe, would have been unfair.Assistance with an Appeal to the High Court, Supreme Court of Appeal or the Constitutional Court
Should you require assistance with an Appeal to the High Court, Supreme Court of Appeal or the Constitutional Court, feel free to connect with the firm of Adv. Muhammad Abduroaf.
Child custody appeals from the Children’s Court to the High Court of South Africa This article deals with an appeal from the Children’s Court to the High Court. I’ve never been one to complain of my legal situation. The father of my daughter, and I have always had a cordial Continue Reading
There is a Legal Responsibility on the Maintenance Magistrate and Maintenance Officer to actively partake and ensure that all relevant information is before the Court in a Maintenance Enquiry.
On 16 May 2019, Advocate Muhammad Abduroaf flew up from Cape Town to Port Elisabeth to argue a Child Maintenance Appeal. The Appeal was before the Full Bench of the Eastern Cape Division of the High Court of South Africa, held in Grahamstown. It is the case of N v M (CA127/2018) [2019] ZAECGHC 73. The Judges were Acting Justice S Rugumanan, and Justice I T Stretch. Advocate Abduroaf was instructed by Nicole Lawrence Attorneys of Cape Town. The appeal was argued on 17 May 2019. The Court increased the maintenance from R 1000 – 00 per month to R 5000 – 00 with costs. A 500 percent increase. The case showcases the responsibilities of the Maintenance Magistrate and Maintenance Officer to play an active role in a maintenance enquiry. Factual Background of the Case
This was an appeal in relation to a child maintenance award made by a magistrate in a maintenance enquiry in the Port Elizabeth Maintenance Court. The maintenance enquiry was concluded on 14 November 2017. On 22 December 2017, the magistrate delivered his written judgment. Therein he made an order that the Respondent (the father) should pay child maintenance in the sum of R1 000 – 00 per month. The mother was not happy with the award and appealed it. Advocate Abduroaf accordingly argued the matter before the Full Bench. Judgement was delivered on 06 August 2019. Herewith is an extract of the Judgment where the Appeal court quoted Advocate Abduroaf: [caption id="attachment_8370" align="alignleft" width="1499"]
Judgment – Appeal – Advocate Muhammad Abduroaf[/caption] At the end the Appeal court made the ruling in favour of the mother. As follows: [caption id="attachment_8369" align="alignleft" width="1584"]
Full Bench of the Eastern Cape Division of the High Court of South Africa, held in Grahamstown[/caption] We are certain that you found the above article useful and interesting. Please consider sharing it on the share buttons below. They include Facebook, Twitter, LinkedIn, WhatsApp, Gmail and more. Someone may find it useful as well. Should you require business advice or services, feel free to click on these links: Business SA | Private Legal | Envirolaws
There is a Legal Responsibility on the Maintenance Magistrate and Maintenance Officer to actively partake and ensure that all relevant information is before the Court in a Maintenance Enquiry. On 16 May 2019, Advocate Muhammad Abduroaf flew up from Cape Town to Port Elisabeth to argue a Child Maintenance Appeal. Continue Reading
I need Child Maintenance for my Child. How to Apply for Child Maintenance – Advocate Muhammad Abduroaf
In this video, Advocate Muhammad Abduroaf discusses how to apply for child maintenance for your child. [embed]https://youtu.be/aYimnEJP-Mg[/embed] Family Law with Adv. Muhammad Abduroaf Visit: https://abduroaf.co.za Post your live questions on https://www.facebook.com/AdvMuhammadAbduroaf/live/ Please like the page https://www.facebook.com/AdvMuhammadAbduroaf/ for future live videos and interaction. LIVE Q&A ON FAMILY LAW WITH ADVOCATE MUHAMMAD ABDUROAF Our Lawyer (Pty) Ltd [email protected] 0211110090 Consult with us today. Visit www.ourlawyer.co.za/advice . Child Custody, Child maintenance, Domestic violence, Guardianship rights, Spousal maintenance, Divorces, Unopposed divorces, Opposed divorces, Family Law, Mediation, Family disputes, Relocation of minor children, Minor children passport application consent, Non-compliance with maintenance orders, Reduction of Maintenance Order, Increase of Maintenance Orders, Parenting Plans, Parental Plan, Custody Agreements, Custody Orders, Contempt of Court, Litigation, Antenuptial Contract, Prenuptial Contracts, Wills, Estates, Abuse, Economic Abuse, Gender-based Violence. Attorney legal services, Advocate legal services, Lawyer legal services. Online and telephonic legal advice, Eastern Cape Free State Gauteng KwaZulu-Natal Limpopo Mpumalanga Northern Cape North West Western Cape 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, Cape Town, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester Contact us today. #advocate #familylaw #lawyer #attorney #legal #court #child #custody #divorce #relocation #guardianship
I need Child Maintenance for my Child. How to Apply for Child Maintenance – Advocate Muhammad Abduroaf In this video, Advocate Muhammad Abduroaf discusses how to apply for child maintenance for your child. Family Law with Adv. Muhammad Abduroaf Visit: https://abduroaf.co.za Post your live questions on https://www.facebook.com/AdvMuhammadAbduroaf/live/ Please like the page https://www.facebook.com/AdvMuhammadAbduroaf/ for future Continue Reading