Child maintenance, child support, divorce, child maintenance calculator, Johannesburg
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Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Kuruman.
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 Kuruman
Whether you claim child maintenance in Kuruman, 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 Kuruman.
The maintenance scenario – Kuruman 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 Kuruman
- The child is cared for by the mother who works in Kuruman
- 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 Kuruman
- 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 Kuruman, it would be the maintenance court in Kuruman. 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 Kuruman, 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 Kuruman Maintenance Court?
Once you have been notified of the maintenance court date by the Kuruman 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 Kuruman?
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 Kuruman 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 Kuruman 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, Kuruman, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester
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Frequently Asked Questions and Answers on Lawyers
Do you have any specific question on lawyers similar to that below? If yes, feel free to post it below. We will try to answer it for you.What does it involve to be a lawyer?
There are various types of lawyer. Some do court work and other usually paper work, like contracts. Then you get lawyers who advise. However, whatever the type of lawyer, the work is hard and challenging as you need to advise and think a lot. At the end of the day, you need to find the best solutions and course of actions for your clients.What subjects do you need to do to become a lawyer?
Languages are important.What do you have to go through to become a lawyer?
You require a lawyer degree. Usually and LL.B. Thereafter, you need to do the required training for the specific course you decide to follow.Are judges lawyers
Yes, they are lawyers as they studied law and apply it.What do you have to do to become a lawyer?
You require a lawyer degree. Usually and LL.B. Thereafter, you need to do the required training for the specific course you decide to follow.What is the monthly salary of a lawyer?
That would depend on the company the lawyer works for. Some work for banks, government, law firms and others for themselves.How much does it cost to go to law school?
You need to contact them.How much do lawyers make in a year?
That would depend on the company the lawyer works for. Some work for banks, government, law firms and others for themselves.How long does it take to become a lawyer?
An LL.B could take 4 to 5 years.How long do you have to go to law school?
It depends on part time or full time. You need to contact them.What is the average salary for a lawyer?
That would depend on the company the lawyer works for. Some work for banks, government, law firms and others for themselves.How many hours a day does a lawyer work?
Lawyers can work long hours. Sometimes till late the evening and on weekends.What type of education do you need to be a lawyer?
Usually an LL.B degree.What do you do when you are a lawyer?
You apply the law the specific circumstances.How many different types of lawyers are there?
There are many kinds. Attorney, Prosecutors, Judges, Advisors etc.What are the skills needed to be a lawyer?
You should be able to read well digest a lot of information. Think logically and be sharp.How long does it take to go to school to be a judge?
You cant go to school to be a judge. You are appointed based on your experiences.What kind of bachelor’s degree do you need to be a lawyer?
LL.BHow long do you have to go to school to become a paralegal?
Usually a year.Can you get a law degree without going to law school?
There are online degrees.What do you actually do as a lawyer?
You apply the law to the facts.Who do lawyers work for?
For their clients. Some work for the state as in the case of prosecutors.What subjects in high school to be a lawyer?
Languages. You need to ask the University.What are the benefits of a lawyer?
You help people. And if you work hard, you can earn a good income.What do you do as a criminal lawyer?
Defend your clients. You represent them at Court.How long does it take to get a law degree in South Africa?
Usually 4 years. If you do it part-time, it would take longer.How do you become a paralegal?
Go to go to a school for paralegal studies. The Law Society has one.What subjects do you have to do to become a lawyer?
Usually languages. You should contact the university accordingly.What are the requirements for hiring a lawyer?
There are none. However, you should ensure that there is no conflict of interests.How much do you earn as a lawyer?
That would depend on the company the lawyer works for. Some work for banks, government, law firms and others for themselves.What are the requirements to get into law school?
Speak to the specific law school.How much does it cost to go to law school?
Speak to the law school. The fees would vary from law school and year.How long do you have to go to school to become a criminal lawyer?
The same as any other lawyer. However, you may want to do more criminal law related subjects at University.How expensive is it to go to law school?
Speak to the law school. They should advise you accordingly. Some people do it part-time.Is the law exam really that hard?
It depends how had you study. However, you need to be dedicated and work hard at it. If you do so, you will pass.What jobs can you do with a law degree?
You can work in the private sector, or for the state. Some lawyers work in banks, other in big corporations.How much do you earn when you are a lawyer?
That would depend on the company the lawyer works for. Some work for banks, government, law firms and others for themselves.How much does a prosecutor earn per month in South Africa?
You need to contact the Prosecuting Authority. A senior prosecutor would obviously earn much more.How much money does a lawyer make in a year?
That would depend on the company the lawyer works for. Some work for banks, government, law firms and others for themselves.How many years does it take to get a law degree?
Usually 4 years. If you do it part-time, it will take longer.How much money does a lawyer make in a month?
That would depend on the company the lawyer works for. Some work for banks, government, law firms and others for themselves.How much does a social worker earn per month?
You need to find out by the specific social worker. Some are private, some work for the state.What type of education do you need to be a lawyer?
And LL.B.Is LLB a bachelor’s degree?
Yes, Its also an Honors Degree.How long does it take to become a lawyer?
Usually 4 years.
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