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I need to know, when does a parent’s obligation to pay child maintenance end?

advice-child-maintenance-child-custody-divorcePaying 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. advice-child-maintenance-child-custody-divorceHowever, 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?

advice-child-maintenance-child-custody-divorceIt 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?

advice-child-maintenance-child-custody-divorceAs 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. advice-child-maintenance-child-custody-divorce
Posted on by Telelaw

Relocation with my minor child to China, Shanghai (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 Shanghai, China

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 three or four) 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 Secunda or Mmabatho, South Africa, and you want to relocate to Shanghai, China, 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 Shanghai, China?

The same applies when it comes to your minor child applying for a South African passport to relocate to China, 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 Shanghai, China with my minor child? There is 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 Shanghai, China.

What can I do if the other parent does not want to consent to the minor child’s relocation to Shanghai, China?

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 Shanghai, China, 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 Shanghai, China. 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 Shanghai, China, 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 Shanghai, China?

If the other parent does not want to consent to the passport application and/or the relocation of the minor child to Shanghai, China – 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 Shanghai, China, 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 Shanghai, China

If you require legal assistance or representation with relocating to Shanghai, China 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.

Posted on by Telelaw

Relocation with my minor child to China, Guangzhou (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 Guangzhou, China

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 Randburg or Lebowakgomo, South Africa, and you want to relocate to Guangzhou, China, 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 Guangzhou, China?

The same applies when it comes to your minor child applying for a South African passport to relocate to China, 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 Guangzhou, China with my minor child? There is  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 Guangzhou, China.

What can I do if the other parent does not want to consent to the minor child’s relocation to Guangzhou, China?

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 Guangzhou, China, 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 Guangzhou, China. 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 Guangzhou, China, 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 Guangzhou, China?

If the other parent does not want to consent to the passport application and/or the relocation of the minor child to Guangzhou, China – 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 Guangzhou, China, 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 Guangzhou, China

If you require legal assistance or representation with relocating to Guangzhou, China 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.

Posted on by Telelaw

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