Parental responsibilities and care during the coronavirus lockdown in South Africa
Factors to consider when searching for child custody, divorce or child maintenance lawyers?
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Child Custody Lawyer, Divorce Lawyer, Cape Town[/caption] Not all lawyers are the same. Just as not all doctors are the same. You won’t go to a medical doctor who is a foot specialist (podiatrist) if you have a skin problem. For that, you will see a Dermatologist. This you would do, even if the podiatrist knows a bit about skin illnesses and diseases and is, nonetheless, a medical doctor. The same principles apply to the law and to lawyers. Various lawyers specialise in various fields of law. Some know more, and some know less. You won’t meet with a property lawyer if you have been accused of medical malpractice; or would you? You get the point we are trying to bring across. 
Factors to consider when enlisting legal service from a legal practitioner
There are Important factors to consider when employing, or enlisting the services of a lawyer (attorney, advocate, legal consultant, etc.) A few of these factors as follows:Location of the lawyer
This is not always an issue as the advice can be provided via a video call or telephonically. If it comes to litigation, it may be an issue. If you live in Cape Town and the lawyer in Johannesburg, there would be additional traveling costs to consider.The Cost or Fee of the Lawyer
Not all legal practitioners charge the same for their services. Depending on the years of experience of the lawyer, he or she would charge a higher or lower fee. The same applies to his or her expertise. If he or she is an expert in a certain field of law, the fee may be higher than a generalist attorney. Therefore, if you do not need expert advice, consult with an advocate or attorney with enough experience to be able to assist you. [caption id="attachment_8800" align="alignleft" width="269"]
Child Custody Lawyer, Divorce Lawyer, Cape Town[/caption]Gender of the Attorney or Advocate
There is not much that can be said about this factor. Some people prefer one gender over the other. The bottom line is to be comfortable with the person you are consulting with. Many times, especially in litigation, you may see your lawyer a few times a month for up to two (2) years.Availability of your lawyer
Some lawyers are extremely busy and in demand. Ensure that the lawyer you are making use of has the time to attend to your matter expeditiously.Experience of the lawyer
There is no substitute for experience. If your matter is simple, then experience may not be a big issue. If your matter is complicated, more experience is required. Obviously, as outlined above, with experience, there comes a higher price tag.The language which is spoken by the lawyer
It may be a good idea to make use of a lawyer who speaks your first language. If there is a language barrier, the lawyer may assume certain facts. The same applies to the client.Don’t speak to me, speak to my lawyer
You often hear the phrase, “do not speak to me, speak to my lawyer.” This phrase although popular may only be useful in certain circumstances. Unless you have many lawyers at your disposal or one that knows it all an is an expert in all areas of law, it won’t always be a good referral. Chanting that phrase may not be a good idea.Professional services come at a fee
Not everyone can afford the services of a lawyer (attorney or advocate). Legal practitioners are trained professionals, who would charge a fee for their time and services. The same as any professional or business would charge. Luckily the law does not force one to make use of an attorney or advocate when appearing in court or dealing with legal matters. You can represent yourself in a legal matter or conduct your own defense. But please, at no point do we say you should not seek legal advice or assistance. If you can afford it, or have access to it, obtaining sound legal advice and assistance in a matter is invaluable. Now let us move on to apply the aforementioned principles to sourcing a lawyer in relation to children matters. Here we are referring to matters regarding child custody, guardianship, maintenance and so on.Matters regarding children
When it comes to matters regarding minor children, the same principles as above apply. Maybe more so, as children are represented by adults in litigation. Most of the time it’s their parents, and sometimes, their caregivers. Sound legal advice is therefore paramount. If you have access to or can afford the services of a lawyer, it is important that you make use of an experienced and knowledgeable family law practitioner. There are many subbranches of family law. For example, a divorce lawyer may not deal with issues regarding relocation or passport application consent. Some legal practitioners practice commercial law, criminal law, and others, property law. Although one can always learn the law, making use of a legal practitioner with limited experience in a family law matter could cost you your case.Where to find a family law practitioner?
The internet is always a good place to start. Many law firms and consultancies have websites showcasing their experience and services. Sometimes you will hear of a law firm on the radio, or on social media. Word of mouth is also a good source. Notwithstanding where you find the details of a legal practitioner, you would like to find out if he or she is the right person for your case.Questions to ask a lawyer at your first meeting
The most important thing to determine from your lawyer is whether not he or she is capable of handling the matter at hand. If the matter is simple, then an expert in litigation would not be appropriate. However, if your matter calls for a court of law to make a decision on the matter, then a legal practitioner who has sufficient experience in litigation would be appropriate. This would be especially so when dealing with an urgent child custody matter. Therefore, you need to ensure that the lawyer you are consulting with is the type of lawyer you will require.Practical example on which lawyer to source
Let’s say you are involved in a custody dispute. You and the other parent of the child just separated. The other parent now decides to leave the country with a minor child without your consent. Let’s say, in this case, it is the mother. Only the mother’s name is on the birth certificate. She books the ticket for her and the child and tells the authorities she does not know who the father is. She is therefore set to leave the country the next day. The father hears about this and does not want the child to leave the Republic of South Africa. He has full parental responsibilities and rights as he was actively involved in the child’s life since her birth. In this case, an urgent court application should be made. Here an experienced attorney and advocate should be approached to stop the mother from leaving the country with the minor child. After the lawyers stopped the mother from leaving the country, a few days later, she applies for child maintenance. Both parents are salary earners, and the child’s’ expenses are basic. Under these circumstances, a reasonably experienced legal practitioner would be appropriate. They are many other factors to consider when employing the services of a lawyer. This would depend on the nature of your case. 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
Tricks and tips on how to win your child maintenance case
Connect with Adv. Abduroaf– Click here [caption id="attachment_7074" align="alignleft" width="269"]
Advocate Muhammad Abduroaf – Advocate of the High Court of South Africa[/caption] Child maintenance legal issues might sound simple, compare to, for example, a criminal case of fraud. However, a child maintenance case could be much more complicated, challenging and exhausting. That, however, does not have to be the case. At least not always. Find out some of the tips and tricks provided by Advocate Muhammad Abduroaf, a family law expert with more than a decade of experience in family law, and child maintenance matters. Read on to find out some tips and tricks of the trade. Valuable advice is given on what to do through the maintenance court process. Download your Child Maintenance Calculator, click here. [maxbutton id=”2″ ]Child Maintenance and Applications – How does it work?
The focus of this article is not to explain how child maintenance work, or how to apply for child maintenance. There are many articles written on that topic. But in short, parents must pay according to their means. So, if a child’s expense the month is R 60 (obviously this is a fictitious example) and the father earns R 500 a month and the mother R 250 a month, then if all else is equal, the father should contribute R 40 towards the minor child’s expenses, and the mother, R 20. Now that is the long and short of the matter. However, other factors also play a role. They include the necessary expenses of each parent, which determines how much they should contribute, as well as what assets the parents own. For example, if a father earns R 100 a month, and the mother R R800 – 00, the father would pay the majority of the minor child’s expenses if he owns other assets worth R 100 000 – 00 and the mother none. Purchase a Consultation with us from our Online Shop, by clicking here.What are the challenges in child maintenance cases for parents?
Now we deal with the challenges. The child costs R 60 per month, but the parent who is supposed to pay maintenance, the father, in this case, is only willing to pay R 10 per month. This is what he says he can only afford and what he believes the minor child needs. He says that if he pays more, the mother would use the money for herself. But the facts as in the example above, the father earns R 500 a month and the mother, R 250. Therefore, the father should pay R 40 and not R 10 as he offers. The challenge the mother now has is to prove that the father can afford to pay R 40 and not R 10 as he offers. The mother is worried, that should she go to the maintenance court for help, she would only get R 5 because that is what the father said he will pay should she go to court. What is our advice? Go to Court!The Maintenance Court – What do they do?
If a parent does not pay reasonable child maintenance, the maintenance court can enforce compliance. This they would do through the Maintenance Court enquiry process. Once a maintenance order is made, it becomes a criminal offense not to adhere to it. The court may even issue a warrant attaching property, or salary.The maintenance investigator at the Court
Each maintenance court has a maintenance investigator. What this investigator does is gather evidence in a maintenance court case. However, in practice, no one may tell you that there is a maintenance investigator who could assist you in your case. This could be because of the huge amount of maintenance cases that come through the doors of the court.How does the maintenance court make a decision?
Now, this is where it becomes challenging. The maintenance court can only make an order against a parent if there is evidence that he or she can afford the maintenance claimed, and obviously, the amount claimed is fair. The problem in practice is, the mother alleges that the father can afford the child maintenance, but she has no concrete evidence to back it up. The father is also not forthcoming, and only shows evidence that he cannot afford the amount claimed. The mother knows that he can afford the required amount due to his standard of living and what she experienced while they lived together.What tips are there for the mother in maintenance matters?
What follows is a list of things you can do, either yourself or through the maintenance court. However please note that the court won’t entertain your application for child maintenance should it be excessive. In other words, if you know the father cannot afford the amount claimed, or that you are intentionally claiming too much; then, in that case, you would be wasting your time. If you have a legal representative, you would be wasting money as well. Purchase a Consultation with us from our Online Shop, by clicking here.Maintenance Court Investigator
Insist that the maintenance court instruct the maintenance investigator to investigate the financial affairs of the other parent. This you should even more so insist on if the father does not even provide the court with a copy of his salary slip and outline of expenses.The father’s employer
Ask the maintenance court to issue a subpoena against the father’s employer for the salary advice of the father. Also, request details of the father’s pension interest the father may have.The father’s banking account
Obtain the father’s bank statements. Here you should ask the court to subpoena various banking institutions for bank statements of the father. Bank statements hold in them valuable information about the lifestyle of a person. You may find out that the father spends half his money on his cell phone or luxury clothing. You can use this information to show the court that the father can tighten his belt and spend more money on his child. What sometimes happens is, you may find additional income coming into the father’s banking account.Father’s Credit Profile
Have the maintenance court obtain a credit profile of the father. From the profile, valuable information can be obtained. For example, where he last applied for credit, employment and residential details. If the father says he does not have money, but he applied for credit to purchase a new car, clearly there is money.Social media (Facebook, Twitter, Instagram, Pinterest etc.)
These days, many people publish their lives on social media. If the father, in this case, keeps loading pictures and posts of how he lives the good life; that information may be used to show the maintenance court that the father lives a life different than what he wants the court and you to believe. Many people also make use of LinkedIn accounts. On it, they provide updated employment details. This would be useful to show the court should the father say he is an admin clerk. but on LinkedIn tell the world he is a manager.Property Search in maintenance matters
What may be useful, is to do a property search on the father. Here you would find out what property that person owns. For example, the father may rent a house, but own a house in a different province where he obtains rent. That house he could have inherited.Other tips and tricks in child maintenance matters
Each case is different. What would work in one maintenance matter, won’t work in another. For example, if someone is self-employed, and only get paid with cash, the dynamics are different. There won’t be any bank statements or payslips. In such a case, you need to be creative. Maybe ask questions to clients of the father and find out what he does and charges. If you can obtain the names of people the father does business with; that would be very useful. You may provide that information to the maintenance court and the investigator could follow up on it. If the father sees that you are getting somewhere, he may decide to pay a fair amount.Final words in child maintenance matters
Your maintenance case is largely dependent on you proving that your child needs the requested amount. If you do not have proof, or cannot prove it, even if you show that the father can afford it, the court won’t order him to pay it. The court would only order him to pay what is fair and proved. Therefore, always ensure that you keep proof of your income and expenses up to date and ready to provide it to court. Download your Child Maintenance Calculator, click here.Have a family Law appointment with us
We have an online appointments system which enables you to save valuable time and cut straight to the chase. There is, therefore, no need for you to visit our offices (unless it is best for you to do so, or is your most preferred option).
You may set up telephonic or video consultations should you wish to do so. You can, therefore, stay in the office or on the couch in the comfort of your own home when dealing with us. We are therefore physical, online, set-up and ready to meet with you. Make your appointment online for a consultation today. 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. Should you require any other legal services and advice, not related to family law, visit Private Legal. Or click here for the details of Cape Town Advocate, Muhammad Abduroaf. Purchase a Consultation with us from our Online Shop, by clicking here.
What are the challenges in child maintenance cases for parents?