Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Randfontein.

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 Randfontein

Whether you claim child maintenance in Randfontein, 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 Randfontein.

The maintenance scenario – Randfontein South Africa

In this article, we will deal with the following fictitious scenario, in a child maintenance matter:

1. The Child is seven years old and attends school in Randfontein
2. The child is cared for by the mother who works in Randfontein
3. The mother works and earns a Salary of R 10 000
4. The father sees the child every second weekend. He also lives and works in Randfontein
5. The child’s monthly expenses are R 6000 – 00 which includes food, clothing, accommodation, education, travel etc.
6. The father earns a reasonable salary and can afford the R 20 000 – 00 per month
7. 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 Randfontein, it would be the maintenance court in Randfontein. 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 Randfontein, 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 Randfontein Maintenance Court?

Once you have been notified of the maintenance court date by the Randfontein 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 Randfontein?

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 Randfontein 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 Randfontein 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, Randfontein, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester

I am a victim of Domestic Violence – Please provide me with questions and answers for general issues in domestic violence matters.

• What is considered domestic violence in South Africa?
  • Domestic violence in South Africa includes physical, emotional, sexual, or economic abuse within an intimate relationship or household.
• Are men also protected under South African domestic violence laws?
  • Yes, South African laws protect both men and women from domestic violence. Any person, regardless of gender, can be a victim or perpetrator.
• How can one obtain a protection order against domestic violence in South Africa?
  • To obtain a protection order, a victim can apply at the Magistrate’s Court, and if in immediate danger, they can approach the police.
• What are the consequences of violating a protection order in South Africa?
  • Violating a protection order is a criminal offence, and penalties may include fines or imprisonment.
• Can domestic violence victims get legal assistance in South Africa?
  • Yes, victims can seek legal assistance through organizations like Legal Aid South Africa or private attorneys specializing in domestic violence cases.
• Are there support services available for domestic violence victims in South Africa?
  • Yes, various organizations provide support services, including shelters, counseling, and legal advice for domestic violence victims.
• What role can the police play in domestic violence cases in South Africa?
  • The police can intervene, arrest the perpetrator if necessary, and assist and/or advise victims in obtaining protection orders.
• Is it possible to report domestic violence anonymously in South Africa?
  • While anonymous reporting might be challenging, victims can request confidentiality, and their information can be protected during legal proceedings.
• What rights do children have in cases of domestic violence in South Africa?
  • Children have the right to be protected from domestic violence, and authorities may intervene to ensure their safety.
• Can a victim drop charges against an alleged perpetrator of domestic violence in South Africa?
  • In criminal cases, only the state can drop charges. However, in civil cases like obtaining a protection order, the victim has control over the process.
• Are there cultural considerations in addressing domestic violence in South Africa?
  • Yes, cultural sensitivities are considered, but domestic violence is universally condemned, and legal measures apply regardless of cultural background.
• What is the role of social workers in domestic violence cases in South Africa?
  • Social workers can provide counseling, support, and assistance in finding resources for victims of domestic violence.
• Can a victim of domestic violence in South Africa claim compensation?
  • Yes, victims may seek compensation through civil claims against the perpetrator for damages suffered due to domestic violence.
• Are employers obligated to support employees experiencing domestic violence in South Africa?
  • Employers are encouraged to support employees facing domestic violence and can provide assistance such as counseling or time off for legal proceedings.
• Can technology be used as evidence in domestic violence cases in South Africa?
  • Yes, text messages, emails, or other electronic communications can be used as evidence in domestic violence cases.
• What steps can schools take to address domestic violence affecting students in South Africa?
  • Schools can create awareness, provide counseling services, and collaborate with relevant authorities to address domestic violence affecting students.
• How does the South African legal system handle false accusations of domestic violence?
  • False accusations can be taken seriously, and the legal system aims to discern the truth through investigations to prevent misuse of protection orders.
• Is domestic violence education mandatory in South African schools?
  • While not mandatory, initiatives exist to incorporate awareness programs about domestic violence into school curricula.
• Can immigration status affect a victim’s ability to report domestic violence in South Africa?
  • No, immigration status should not be a barrier to reporting domestic violence, and victims are encouraged to seek help regardless of their legal status.
• What community resources are available to combat domestic violence in South Africa?
  • Community resources include NGOs, helplines, and community centers that provide support, counseling, and education on domestic violence.