Child Maintenance and Support

https://www.ourlawyer.co.za/wp-content/uploads/Our-Lawyer-Consultation.gifEvery Child is entitled to have adequate child maintenance from his parents. This includes the provision of food, clothing, shelter, education and healthcare. These provisions are to be provided by both his or her mother and father. If one parent cannot afford any support, then other the parent would be responsible for the time being. However, support can still be claimed from the child’s maternal and paternal grandparents. What follows are some answers to a few questions on child maintenance.

How much is the basic rate or amount of child maintenance?

There is no basic rate for child maintenance. The amount depends on various factors, which includes the needs of the child, the income of the parents, as well as their personal expenses. There are many other factors as well. The law expects parents to contribute based on their means. Therefore, in principle, but not easily applied in practice, if a mother earns double of that the father, and has the same monthly expenses, she would pay double in child support. What is best is for parents to sit down and work out what is fair.

What is covered by child maintenance?

A vast amount of provisions is included in the concept of child support. These are not only necessities, it can be luxuries as well. This all depends on the standard of living of the parents, and what the child was accustomed to. This would even more apply if the parents were married to each other, had the child, and then separated. The law would want the child to continue with the standard of living he or she had before the separation, or divorce.

How do you determine the amount of child support?

Determining the amount to pay for child support is not an easy one. If things were simple, both parties would earn the same and have the same expenses. However, this is seldom the case. Furthermore, one should also look at the means of the parents, assets and liabilities. Therefore, if a parent does not earn much, but own an expensive piece of real estate, that would be taken into account when determining the amount, he or she should contribute. Once all the figures are on the table, a fair amount should be allocated.

When do I stop paying maintenance?

Child maintenance should be paid until the child is self-supporting or sufficient. Although the child becomes an adult at the age of eighteen, many at time, the child is still at school, studying, or trying to find a job. He or she may still claim maintenance from his or her parents. However, once the child becomes self-supporting, maintenance should stop. if there is a child maintenance order in place, such order should be set aside should the child be self-supporting.

Sharing is Caring

This and other articles and posts found on this website are written by Adv. Muhammad Abduroaf to assist people with various family law related issues they may have. If you find any of our articles, free resources and posts interesting, or possibly useful to others, please like and share it on Social Media by clicking on the icons below. For more interesting articles and information on Family Law, view our articles and Q&A page. If you have a family law related legal issue and you want someone to answer or reply to it, feel free to post it on our Family Law Blog. Therefore, kindly like and share. Should you require any other legal services and advice, not related to family law, visit Private Legal.

Child Maintenance and Support

https://www.ourlawyer.co.za/wp-content/uploads/Our-Lawyer-Consultation.gifEvery Child is entitled to have adequate child maintenance from his parents. This includes the provision of food, clothing, shelter, education and healthcare. These provisions are to be provided by both his or her mother and father. If one parent cannot afford any support, then other the parent would be responsible for the time being. However, support can still be claimed from the child’s maternal and paternal grandparents. What follows are some answers to a few questions on child maintenance.

How much is the basic rate or amount of child maintenance?

There is no basic rate for child maintenance. The amount depends on various factors, which includes the needs of the child, the income of the parents, as well as their personal expenses. There are many other factors as well. The law expects parents to contribute based on their means. Therefore, in principle, but not easily applied in practice, if a mother earns double of that the father, and has the same monthly expenses, she would pay double in child support. What is best is for parents to sit down and work out what is fair.

What is covered by child maintenance?

A vast amount of provisions is included in the concept of child support. These are not only necessities, it can be luxuries as well. This all depends on the standard of living of the parents, and what the child was accustomed to. This would even more apply if the parents were married to each other, had the child, and then separated. The law would want the child to continue with the standard of living he or she had before the separation, or divorce.

How do you determine the amount of child support?

Determining the amount to pay for child support is not an easy one. If things were simple, both parties would earn the same and have the same expenses. However, this is seldom the case. Furthermore, one should also look at the means of the parents, assets and liabilities. Therefore, if a parent does not earn much, but own an expensive piece of real estate, that would be taken into account when determining the amount, he or she should contribute. Once all the figures are on the table, a fair amount should be allocated.

When do I stop paying maintenance?

Child maintenance should be paid until the child is self-supporting or sufficient. Although the child becomes an adult at the age of eighteen, many at time, the child is still at school, studying, or trying to find a job. He or she may still claim maintenance from his or her parents. However, once the child becomes self-supporting, maintenance should stop. if there is a child maintenance order in place, such order should be set aside should the child be self-supporting.

Sharing is Caring

This and other articles and posts found on this website are written by Adv. Muhammad Abduroaf to assist people with various family law related issues they may have. If you find any of our articles, free resources and posts interesting, or possibly useful to others, please like and share it on Social Media by clicking on the icons below. For more interesting articles and information on Family Law, view our articles and Q&A page. If you have a family law related legal issue and you want someone to answer or reply to it, feel free to post it on our Family Law Blog. Therefore, kindly like and share.

Should you require any other legal services and advice, not related to family law, visit Private Legal.

Related Post

Questions posted on Live Q and A with Advocate Muhammad Abduroaf

12 questions posed when registering on
www.ourlawyer.co.za/live Question 1 Western Cape I have a restraining order against the mother of my child as she harasses myself and my family. I pay my maintenance however she refuses to let me see my son. It’s been almost a year now and I have reached out to social workers as well as mediation for a parenting plan but so far, no assistance – PLEASE HELP Question 2 Kwazulu Natal Divorced since 2013. Settlement agreement in place and through the years the maintenance amount stated on that agreement has changed. This year we relocated and my daughter was given the opportunity to live with her school principal in order to finish her Gr7 year in an excellent school. Her father notified me that he will not pay her maintenance to me because she is not in my care. He has not paid it to anyone else either. He gave her pocket money and paid the school fees which has always been separate from the maintenance amount. Please advise. Question 3 Western Cape My husband has been paying maintenance for 21 years. The child does not go to school and he has a garnish order that was supposed to stop in November 2021. He went to court for 2 days an filled the paperwork but the papers were still not delivered to the mother. Can you pls give advice as to how to stop the garnish order? Question 4 Eastern Cape I have a case with my baby’s dad. He doesn’t want to pay the amount. I went to the court and when they asked him how much he will afford. He said “I don’t know”. Now he said he wants the lawyer and he’s complaining that I’m not giving the child where’s he knows very well that in his house they always drunk and fighting with his wife and he demand that his wife is the one who supposed to buy my child’s clothes. My question is it a must? Question 5 Gauteng I need a brief summary of citizenship law democracy and the constitution module. With regards to you and your family. Question 6 Western Cape   Hi. We have a parenting plan in place. Note that normal drop off on every alternate Sunday is at 5pm. With school holidays it’s supposed to be 50/50 so father picks up on Friday and drops the kids the following Friday. This past school holidays. Father decided the Sunday he can’t take the kids for his school week and with me pushing back. He ended up dropping kids at my workplace at 9pm on a Sunday night. Note that I was not at work and he then dropped the kids at my parent’s place at 10pm. What can I do? Question 7 Western Cape My husband left me and our baby when she was 4 months old and went overseas. Despite asking him a million times to pay maintenance he always says he doesn’t have money but is a sales director for a big hotel group in Dubai. He has not contributed a cent to our child and I recently lost my job. What is the process of getting him or forcing him legally to pay maintenance? Question 8 Western Cape Afternoon. My daughter passed away in Feb 2021. L my daughter and M were married. M was 5 and Z 5 days. M moved in with my sister where she looked after the children. After 6 months he moved in with his mom. Now we don’t see them often. I saw them last 5 November 2021 when a social worker contacted him where he told them not to speak to him but to his lawyer. He doesn’t want to meet with me and the social worker. I would love to see them once or twice a month but he refuses. Question 9 Gauteng What do we do when the father is being denied access to the child? The mother claims her family is the one controlling the situation. The grandmother of the child was the mediator the whole time and now she has passed away. What steps should we follow to make things right? Question 10 Gauteng After 22 years my husband left me for another woman. At the time he unlawfully evicted me. I didn’t know it was against the law then. I ended up giving notice as the lease was on my name just to get to my personal and the kids’ stuff. Yet he took everything. Emptied my business account. The car that was supposed to be registered in my company name he registered behind my back in his name. This all happened 2021. End of July he disappeared. Kept on telling me because I can’t give him the original marriage certificate, I’m delaying the process. I got a lawyer but after still no summons he ended up refunding me. My eldest turned 18 last year. She just got her matric results with 3 distinctions. My youngest is turning 18 in February this year. I manage to serve him for maintenance under rule 58. He basically took my clients because of his lies. I tried to get a job again in the industry I worked for years. However, he worked in the same industry. Due to his misconduct I lost my job again when the final MIE check came back. I have been unable to find a job since then. He supplied me with stock to continue with the few clients I had left. But it’s always on his terms. Leaving me basically with income when it suits him. My eldest daughter filed her own maintenance claim. As he now sees it as a privilege if he pays for her varsity. She got a full scholarship for high school because of academic and sport. She was deputy head. I managed to get the papers signed on him in a parking lot as none of us knows where he lives. After that I am completely without income. I have moved into a house close to varsity because of all the promises that was made. Now I’m stuck with even more bills. I have never denied him to see his kids yet he has seen them at most 5 hours. And then only in a mall. How do I ensure that he assist with the necessary? I have no income and the amount he pays depends on the day. I also applied for loans purely for business use. To increase stock. He took all the stock as well yet I’m now stuck with all the loans. Again. No fix income. Any advice that can help me be ready as I’m due in court on the 20th of Jan 2022. He strongly believes that he no longer needs to pay maintenance once they turn 18. As it is, he stopped the eldest pocket money as she is an adult now. Please any advice would be much appreciated. Thank you know he has the money. Question 11 Western Cape Maintenance order that I want to contest. As my ex-wife was working whilst we were married. Now that we are divorced for 3 and half years and I moved on she still living with my mother in a second dwelling as property is huge. When I got married last year September, she went ballistic as I’m not living there right now I make it my responsibility to get up at 6 am and go fetch in the morning for school when my ex leaves at 630 am or when she works from home I still do it. So i don’t have access to my child when it concerns my weekend with him. I’m blocked by him and her as his WhatsApp messages is link to her phone I have absolutely no rights in this settlement as I paid maintenance but cannot have access to my child knowing that she listening in on our conversation. This Christmas had no access she took him away with no consent as always even now never saw him since last year 23 December. Question 12 Gauteng Good day. The father of my children refuses to pay maintenance for December. I asked.    

International Family Law matters, applicable to South Africa

Divorces are not only limited to people living in the same country. Often, you will find that one spouse lives in South Africa and the other in a different country. They want to get divorced but do not know how to go about it. The question now is, which country and which court should divorce them? We regularly receive these types of queries from people living in the Middle East and the United Kingdom.
advice-child-maintenance-child-custody-divorceThe same problem arises in the case of parents living in different countries, but there are complications regarding contact and access to their minor children. Let’s say, one parent, lives in Cape Town and the other in Taiwan. How does the parent living in Taiwan enforce his contact rights to his child in South Africa? Does he or she approach the court in Taiwan? Or should he or she approach the Court in South Africa? And Lastly, there is an issue regarding child maintenance. What happens in the case where one parent lives in Cape Town and the other in New York? How does child maintenance work? Can the parent living in Cape Town with the children obtain a maintenance order against a parent in New York? This article will deal with the above three topics. Read on to learn more.

South Africans living abroad

South African expatriates are found all over the world. These include the following places:
  • The United Kingdom
  • United States of America
  • Canada
  • Chile
  • Taiwan
  • New Zealand
  • Japan
  • India
  • Brazil
  • China
Whatever the destination and/or location is, this article would be a useful read. Especially so if you find yourself in an international family law dispute. advice-child-maintenance-child-custody-divorceWe regularly receive enquiries and requests for legal advice and/or assistance from people who have a legal connection to South Africa, but do not live here. This may include an intended divorce, where one of the spouses reside in South Africa, or a child contact issue, where a parent would like to have contact with his or her child living here.

With the advances in technology, providing advice and assistance to clients abroad becomes very easy, and convenient. There is Skype, WhatsApp Video, FaceTime, to mention a few that can bridge the communication gap. But for now, let us deal with the legal issues involved and fly away with divorces.

I live in the United Kingdom, and want to divorce my spouse living in Cape Town

Many people believe that because they got married in South Africa, any court in South Africa can divorce them. Or because they lived in Cape Town, that the Western Cape High Court in Cape Town can divorce them, even though they live in London at present. That is not the case. You will see why not. The issue is that of the Jurisdictional authority of the relevant Court.

Jurisdiction of the Divorce Courts in South Africa

Section 2(1) of the Divorce Act, states the following when it comes to the Court’s Jurisdiction: “A court shall have jurisdiction in a divorce action if the parties are or either of the parties is- (a) domiciled in the area of jurisdiction of the court on the date on which the action is instituted; or (b) ordinarily resident in the area of jurisdiction of the court on the said date and have or has been ordinarily resident in the Republic for a period of not less than one year immediately prior to that date.”

advice-child-maintenance-child-custody-divorce

So, as you can see, you need to have fulfilled one of those latter requirements. Therefore, if you and your spouse moved to England, to settle there, you may not get divorced in Cape Town if the marriage broke down. This is so even though your marriage took place in Cape Town and you own property there. If, however, the husband lives in England, and the wife in Cape Town and she is resident there, then the divorce is possible in Cape Town. Now let us move on to other family law related matters. We will tackle the issue of child contact next.

I live in the United States of America, and I am not allowed to have contact with my child living in Cape Town, South Africa

It often happens that parents would have a relationship and bring a child into this world. The relationship deteriorates, and one parent then moves and relocates to another country. In our experience, this is usually work related. Everything would seem to go well until the relocating parent has problems exercising contact with his or her child in South Africa. The challenge for the parent that relocated is the distance. He or she is not able to pop into the child’s home should they not answer the phone or visit the children at school should he or she not be able to get hold of them. Luckily, in this case, because the children are living in a specific province, for example, the Western Cape, the parent who relocated can have his or her attorney approach the Court locally to enforce his or her rights. So, for example, let’s say in this case, the father relocated, he can enlist the services of an attorney in Cape Town to make an Urgent Application to the Western Cape High Court for an Order for immediate telephonic, or video contact. An Application in the Children’s Court would be problematic as he would have to be present at the Court. This, of course, would not be an issue if he is willing to fly down for each of the Court hearings. The Court would then hear the matter and decide what is best for the children involved. If it would be best for them to have telephonic and/or video contact with the father on a regular basis; the court would then make the appropriate order. The party can also consider incorporating a clause which would entail the minor children traveling to him overseas.

How to claim child maintenance for my children if the other parent lives in New York

International child maintenance is always a complicated issue. This is so as the parent who is supposed to pay maintenance is out of the country. For this very reason, a parent living in South Africa will have to make use of international law.

advice-child-maintenance-child-custody-divorce

The parent will approach the maintenance court in South Africa who in turn will approach the court in the country where the parent who is supposed to pay maintenance lives. We will not go into detail in this article on how exactly the process works. However, it basically entails a court making an order in Cape Town and then later having it registered in the foreign country. The applicable legislation is the Reciprocal Enforcement of Maintenance Orders Act 80 of 1963. The reverse also applies. Let’s say a parent lives in California and requires maintenance from a parent in South Africa. Then the same process would be applied. The parent would make an application for a maintenance order in California, and then have it registered in Cape Town. The Reciprocal Enforcement of Maintenance Orders Act 80 of 1963 would also apply to South Africa. If this is applicable to you, we advise that you approach your local maintenance court as soon as possible.

advice-child-maintenance-child-custody-divorce

Looking for Family Legal Services in Kenwyn- Child Maintenance, Child Custody, Visitation Rights and Divorce

Here at our law officers, we understand the struggle of your anxious search for family legal services. Most often, you under the impression that you may not find the legal services you require within close proximity. Look no further.

Family Legal Advice Consultancy

We are a family legal consultancy that strive to cater for all your legal needs by offering legal advice and guidance in family law. If you happen to be residing in the Kenwyn area, then legal advice is still in your favor. Searching for a legal solution is tough enough and we are fully aware of this. With this in mind, we have made our legal advice and legal guidance easily accessible for your convenience. Our online system enables you to make an
online appointment for a professional legal consultation within minutes, while in the comfort of your own home.

Price listings for Family Legal Services in Kenwyn

We have managed to compile a straightforward price list of some of our legal services in which we offer legal advice and legal guidance in. With that being said, we often have potential clients asking us for an overall view of what the service will cost. When it comes to child maintenance, child custody, contested/opposed divorces and so on; then an overview of the cost cannot be provided as this will be depend upon nature and circumstance of the legal matter. See our legal services page for an idea of what some of our legal services will cost.

Legal Advice in Kenwyn– Family law legal topics

For family law legal topics, we offer legal advice on a variety of family law topics, which include, but is not limited to: And while our consultation does come at a fee of R800; we have made our free, expert legal advice articles on our website, easily accessible for the layperson. See the following free, expert legal advice articles which was carefully crafted by the legal expert himself. These articles can be found within the following categories:

Child Maintenance

  1. How to Apply for Child Maintenance at Court – Step by Step Guide and Advice
  2. Child Maintenance Question. How much should I pay or contribute as a p
  3. Child Support or maintenance claims. Does an unemployed father pay?
  4. Non-compliance with Maintenance Orders — Civil and Criminal Remedies
  5. Tricks and tips on how to win your child maintenance case

Child Custody

  1. The Law Regarding Children – The Children’s Act 38 of 2005
  2. Child born out of wedlock: Mother will not consent to her surname change and to be registered as her biological father. What can I do?
  3. How do I get full custody over my child?
  4. Parental Child Abuse in Custody Cases
  5. Relocate with minor child. Parent Refusing Consent for a Passport
  6. Father being refused contact to his child! What are his rights as a Father?
  7. Father’s Parental Responsibilities and Rights to his Child
  8. Urgent Access to your Children without a Lawyer
  9. Parenting Plans and the Law
  10. What happens in a custody dispute where one parent is mentally ill?
  11. How to win your child custody and access court case – Tips and Tricks
  12. Rights of care, contact and guardianship of grandparents to their grandchildren – What does the law say?

Divorce and Property

  1. How to Change your Matrimonial Property Regime
  2. Do your own Unopposed Divorce. No lawyers needed and its Free.
  3. Parental Rights of Divorced Muslim parents after a Talaq or Faskh
  4. Free Online Divorce Assistance Form – DIY Cape Town South Africa comprising of:
So whether you’re residing in the Northern or Southern suburbs, we can assist you in your legal plight. Call our law offices on 021 424 3487, and have our friendly receptionist make an online appointment for you for a face to face, telephonic or Video Chat/Skype legal consultation.

Legal consultation – telephonic, face to face or via video chat / Skype legal advice for those residing in Kenwyn

Are you residing in Kenwyn and concerned that legal advice and legal guidance may be out of your way? This could never be more far off from the truth. Our professional legal consultancy have taken such circumstances into account and have managed to accommodate for those residing in the Kenwyn area. Our professional legal consultation can take place by virtue of video chat / Skype, email or telephonic for your convenience. We are currently based at Suit 702, 7th Floor, The Pinnacle (on the corner of Burg and Strand Street). Do you require an Attorney to handle your legal matter? No problem. Our law offices have built a wealth of legal connections to ease your plight. After assessing your legal matter during the consultation, we can refer you to an Attorney if necessary. However, we have managed to sustain a convenient online operation which will unfold within the following ways:
  1. Call our friendly receptionist and ask to have an appointment made for you online which will only take a minute or two.
  2. You have the choice of deciding whether you would like a telephonic, email, video chat/Skype legal consultation.
  3. Once you call our law offices on 021 424 3487, the receptionist will make an appointment online for you. Thereafter, you will receive an automated email which will contain all relevant details about the legal consultation. The date, time, nature of legal matter and payments methods will be highlighted within the email.
  4. We urge potential clients to read their email well as well as the terms and conditions within the email.
  5. Only once payment has been made, will the face to face legal consultation be confirmed.
  6. Bear in mind that the date and time of the legal consultation is subject to change on either our part or the potential client’s part. Hence the potential client is free to change the date and time should they later find a more convenient date or time.
Call our law offices on 021 424 3487, and have our friendly receptionist make an online appointment for you for a face to face, telephonic or Video Chat/Skype legal consultation.

Free legal products if you live in Kenwyn

Our law offices does not offer pro bono legal services as we are a Family Legal Consultancy that aims at offering expert, efficient legal advice and assistance on child maintenance, divorce, child custody and so forth. We have however, as mentioned previously, made our free, expert legal advice accessible to the layperson on our website. The creators of this website have compiled a “Free Family Law Resources” section, which can be found on our home page. The family law resources are as follows:
  1. Free Basic Will Tool Kit
  2. Free Shariah Will Template
  3. Free Divorce Starter Tool Kit
  4. Free Child Maintenance Calculator
  5. Free DIY Urgent Child Contact Toolkit
  6. Urgent Holiday Contact Toolkit
You can now enjoy free, expert legal advice at the touch of a button. Call our law offices on 021 424 3487, and have our friendly receptionist make an online appointment for you for a face to face, telephonic or Video Chat/Skype legal consultation. Connect with us today!        

Do you require a video legal advice consultation?

Click here and schedule one today!