Constitutional Court of the Republic of South Africa Contact details – Adv. Abduroaf
Legal Advice and Services Throughout South Africa
Constitutional Court of the Republic of South Africa Contact details – Adv. Abduroaf
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.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.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.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.