Support – Frequently Asked Questions on Child Maintenance

Support and Child Maintenance: We proud ourselves on our knowledge on family law matters in South Africa. This includes issues and questions surrounding child maintenance. Feel free to browse through the this or question and answers below. Should you not find the answer to a child maintenance question you are look for, feel free to post  your divorce question here.

Child Maintenance links

  1. How to Apply for Child Maintenance at Court – Step by Step Guide and Advice
  2. Child Maintenance Question. How much should I pay or contribute as a parent?
  3. Child Support or maintenance claims. Does an unemployed father pay?
  4. Non-compliance with Maintenance Orders — Civil and Criminal Remedies
  5. Tricks and tips on how to win your child maintenance case

How much is the average child support a parent must pay Cape Town?

There is no average. It all depends on the needs of the child and the income of the parents.

How much do you get for child support in Cape Town?

It depends on the income of the parents and the needs of the child.

How do you determine the amount of child support?

You look at the needs of the child, and the parent’s income and expenses.

What is the average amount for child support?

There is no average amount. It depends on the facts of the case.

How much child support will I get in Cape Town?

It all depends on your income and standard of living of you and the child.

Is South African an alimony state?

Yes, it is possible that a court makes and order that alimony be paid. It all depends on the

Can you ask for retroactive child support?

Yes it is possible.  Whether the court grants it would depends on the facts of the case.

How much is minimum wage in Cape Town?

This website does not deal with that question.

What percentage do they take out of your salary for child support?

If there is a garnishee order against your salary, they will take off what the court ordered.

How do you calculate child support in Town?

Have a look at other parts of this website for a detailed answer. The simple answer is that the Court looks at your income, assets etc, and that of the mother and the child and come to a fair amount.

Who is the obligor in child support?

The person who should pay child support.

Do I have to pay child support if I have 50 50 custody?

It is possible if the other parent earns less than you.

How much is child support for two children?

It depends on the facts of the case. You should look at the earnings of the parents and the needs of the child.  

How much do you have to pay in child support?

It depends on the needs of the child and the earnings or means of the parents.

What percentage of custody is every other weekend?

This question does not fall under child support. Please search for the answer on another part of this website.

How does child support work when parents live in different provinces?

The basic principle is the same. They should pay according to their means and the needs of the child.

When can you modify a child support order?

When there is a case for it. Usually when more money is needed or one parent cannot afford the order.

Do you have to pay child support after a child turns 18?

If the child is still in need of support, then the answer is yes.

How long will it take to get my child support?

This depends on the relevant court and case. It can take a few months.

How can I get my child support payments lowered?

You would need to apply to court for a variation of the child support order.

What is your monthly gross income?

The total sum you receive, before deductions. Can you get child support arrears dropped?

You would need to approach the court and prove your case. What is the definition of gross income?

The total income before deductions.

How do you find your gross income?

Your salary slip should have it.

How do I calculate my monthly salary?

Look at all you income for the month.

How do you calculate adjusted gross income?

Your salary slip should have that information in it.

How do you figure out your net income?

You take your gross income, and deduct medical aid, pension, tax etc.

How do you calculate monthly income when you get paid biweekly?

You add all your income for the month.

What is the net annual income?

The amount you earned for the year after deductions.

What is my gross annual income?

The total amount you got paid before deductions.

How do you work out your weekly pay?

Add all your income for the week.

What is the definition of net income?

The total income after deductions.

How do you determine your net pay?

You first deduct tax, medical aid, etc.

What is the definition of total income?

All your income.

Is total earned income gross or net?

Gross income.

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.
Advocate of the High Court of South Africa

High Court Advocate Cape Town Western Cape

Or click here for the details of Cape Town Advocate, Muhammad Abduroaf or this advocate link to learn more. Visit our child custody and maintenance site for additional information.

Support – Frequently Asked Questions on Child Maintenance

Support and Child Maintenance: We proud ourselves on our knowledge on family law matters in South Africa. This includes issues and questions surrounding child maintenance. Feel free to browse through the this or question and answers below. Should you not find the answer to a child maintenance question you are look for, feel free to post  your divorce question here.

Child Maintenance links

  1. How to Apply for Child Maintenance at Court – Step by Step Guide and Advice
  2. Child Maintenance Question. How much should I pay or contribute as a parent?
  3. Child Support or maintenance claims. Does an unemployed father pay?
  4. Non-compliance with Maintenance Orders — Civil and Criminal Remedies
  5. Tricks and tips on how to win your child maintenance case

How much is the average child support a parent must pay Cape Town?

There is no average. It all depends on the needs of the child and the income of the parents.

How much do you get for child support in Cape Town?

It depends on the income of the parents and the needs of the child.

How do you determine the amount of child support?

You look at the needs of the child, and the parent’s income and expenses.

What is the average amount for child support?

There is no average amount. It depends on the facts of the case.

How much child support will I get in Cape Town?

It all depends on your income and standard of living of you and the child.

Is South African an alimony state?

Yes, it is possible that a court makes and order that alimony be paid. It all depends on the

Can you ask for retroactive child support?

Yes it is possible.  Whether the court grants it would depends on the facts of the case.

How much is minimum wage in Cape Town?

This website does not deal with that question.

What percentage do they take out of your salary for child support?

If there is a garnishee order against your salary, they will take off what the court ordered.

How do you calculate child support in Town?

Have a look at other parts of this website for a detailed answer. The simple answer is that the Court looks at your income, assets etc, and that of the mother and the child and come to a fair amount.

Who is the obligor in child support?

The person who should pay child support.

Do I have to pay child support if I have 50 50 custody?

It is possible if the other parent earns less than you.

How much is child support for two children?

It depends on the facts of the case. You should look at the earnings of the parents and the needs of the child.

 

How much do you have to pay in child support?

It depends on the needs of the child and the earnings or means of the parents.

What percentage of custody is every other weekend?

This question does not fall under child support. Please search for the answer on another part of this website.

How does child support work when parents live in different provinces?

The basic principle is the same. They should pay according to their means and the needs of the child.

When can you modify a child support order?

When there is a case for it. Usually when more money is needed or one parent cannot afford the order.

Do you have to pay child support after a child turns 18?

If the child is still in need of support, then the answer is yes.

How long will it take to get my child support?

This depends on the relevant court and case. It can take a few months.

How can I get my child support payments lowered?

You would need to apply to court for a variation of the child support order.

What is your monthly gross income?

The total sum you receive, before deductions.
Can you get child support arrears dropped?

You would need to approach the court and prove your case.
What is the definition of gross income?

The total income before deductions.

How do you find your gross income?

Your salary slip should have it.

How do I calculate my monthly salary?

Look at all you income for the month.

How do you calculate adjusted gross income?

Your salary slip should have that information in it.

How do you figure out your net income?

You take your gross income, and deduct medical aid, pension, tax etc.

How do you calculate monthly income when you get paid biweekly?

You add all your income for the month.

What is the net annual income?

The amount you earned for the year after deductions.

What is my gross annual income?

The total amount you got paid before deductions.

How do you work out your weekly pay?

Add all your income for the week.

What is the definition of net income?

The total income after deductions.

How do you determine your net pay?

You first deduct tax, medical aid, etc.

What is the definition of total income?

All your income.

Is total earned income gross or net?

Gross income.

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.

Advocate of the High Court of South Africa

High Court Advocate Cape Town Western Cape

Or click here for the details of Cape Town Advocate, Muhammad Abduroaf or this advocate link to learn more.

Visit our child custody and maintenance site for additional information.

Related Post

I am father of a baby girl. I want to confirm my parental rights. How do I do it?

When it comes to children, the law mandates that we always prioritise the child’s best interests. It is  beneficial for a child to maintain a healthy and loving relationship with both parents. Concurrently, a parent has the right to be involved in their child’s life, provided that such involvement aligns with the child’s best interests. This article addresses the process by which a father can establish his parental responsibilities and rights concerning his child.

Confirming a father’s Parental Responsibilities and Rights to his Child

In the past, terms like Custody and Access were used for parental rights. Now, the terms Care and Contact are used. The Children’s Act of 2005 states that both parents have full parental responsibilities and rights, with some exceptions. If there is a dispute, the father may need to apply to the High Court to confirm his rights, which can be costly. It is advised to consult an attorney or advocate.

The Court Application

A Notice of Motion must be drafted, supported by a Founding Affidavit, and sometimes confirmatory affidavits. These documents are filed with the Family Advocate’s Office. Once served, the mother can file opposing papers, and the father can reply. A court date will be set, and a Judge will decide the matter, possibly with a Family Advocate’s Report. Urgent applications require experienced legal counsel.

The father would essentially be requesting the following:

An Order directing that both parties (mother and father) share parental responsibilities and rights regarding the minor child, in accordance with the Children’s Act, 38 of 2005 (“the Children’s Act”), as follows:
  • Both parties are co-holders of guardianship over the minor child as stipulated in Section 18(2(c); 18(3); 18(4) and 18(5) of the Children’s Act.
  • Both parties shall share parental responsibilities and rights of care and contact concerning the minor child, as outlined in Section 18(2)(a) and (b) of the Children’s Act.
  • The implementation of these rights of care and contact.
The Court will consider the matter and render a decision. If the outcome is favorable, the Court would issue an Order affirming the father’s parental responsibilities and rights.

Sharing Information

This and other articles available on this website are authored by Adv. Muhammad Abduroaf to assist individuals with various family law-related issues. If you find our articles, free resources, and posts beneficial or potentially helpful to others, please like and share them on social media by clicking the icons below. For more insightful articles and information on Family Law, visit our articles and Q&A page. If you have a legal issue related to family law and seek an answer or response, feel free to post it on our Family Law Blog. Therefore, kindly like and share. For any other legal services and advice not pertaining to family law, please visit Private Legal.  

Parent Refusing Relocation, and Passport Application for Minor Child

[caption id="attachment_7084" align="alignleft" width="229"]Advocate Muhammad Abduroaf - Advocate of the High Court of South Africa Advocate Muhammad Abduroaf – Advocate of the High Court of South Africa[/caption] Often times, a parent would want to travel overseas, relocate or emigrate, and take the child with. However, the practical aspects thereof are not that easy. For starters, your child requires a passport. And what does the law say about passports of a minor child? As you would see later, both parents holding parental responsibilities and rights of guardianship should consent to a minor child obtaining a passport. That is a requirement in Law. But let’s say your child already has a passport. Can you still take your minor child out of the country or relocate? Yes, you can, as long as you have the consent of the other parent. This article does not only apply to parents of minor children who are not married to each other or separated. It applies to all parents of children holding parental responsibilities and rights over them, married, separated, or divorced. Before we move on, let us look at the most popular countries South African’s relocate to.

Popular relocation countries for South Africans

If you wish to emigrate from South Africa, there are many places in this world to consider. Some would be more ideal than others. But it all depends on the reason for the relocation. Here is a list of the top countries South Africans and emigrating to:
  • United Kingdom (UK)

  • Australia

  • United States of America (USA)

  • New Zealand

  • Canada

  • Angola

  • Botswana

  • Chile

  • Zimbabwe

  • Germany

  • Netherlands

  • Swaziland

  • Israel

  • Portugal

  • Mozambique

  • Ireland

  • Malawi

  • Switzerland

  • Namibia

  • Greece

If you intend to relocate to a country or region not mentioned above, read on, this article still applies to you.

The parent refuses to consent to emigration

Parents of minor children differ on many things. Sometimes it’s minor issues. For instance, which clothes the child should wear. However, some disagreements are serious and exhausting.  For instance, what school should the minor child attend, or extra-mural activities to partake in? What school a child attend can affect the contact rights of parents when they live in separate homes. Now turning to this article. What if one parent wants to go away on holiday or relocate with the child, and the other parent refuses to give consent. One obvious reason to object to a relocation would be that the parent that remains in South Africa may not see the child for some time. This becomes a problem if the reason for the relocation is work-related, or for a better life. Does this now mean a parent must not better his or her situation in life in consideration of the other parent? And what if the other parent does not pay child maintenance? Must you still give up the job offer overseas? Worst yet, if the reason for the relocation is due to the parent having custody of the child remarried, and his or her spouse wants to relocate due to work reasons. Now let’s unpack the law.

The Right to a Passport

The South African Constitution, Act 108 of 1996 affords everyone certain basic human rights. These rights are entrenched in its Chapter 2, of the Bill of Rights. Section 21 of the Bill of Rights deals with freedom of movement and residence. It states the following: 21 (1) Everyone has the right to freedom of movement. (2) Everyone has the right to leave the Republic. (3) Every citizen has the right to enter, to remain in and to reside anywhere in, the Republic. (4) Every citizen has the right to a passport. Now, seeing that every child has a right to freedom of movement, and a passport, what does this mean to the parent who wants to take a child out of the Country for relocation or holiday?

The law on Consent for Passports for Minor children

Section 18 of the Children’s Act 38 of 2005 deals with Parental responsibilities and rights in relation to minor children.  According to section18 (3) read with section 18(5) of the Act, a co-guardian of a child must consent to the child’s departure or removal from the Republic as well as to the child’s application for a passport.  The only exception would be if a court decides otherwise. Therefore, even if the child lives with the father and he cares for her, if the mother has guardianship over the child, her consent is required.

What can be done if consent is refused for emigration?

Now that we know that everyone has the right to obtain a passport, and leave the Republic, what does this mean to the parent who now wants to relocate with the minor child, but the other parent does not want to give consent? An application to the competent court has to be made if this happens. And in this case, it would be the High Court where the child resides. The Court would have to determine what is in the minor child’s best interest. The High Court would listen to why the parent wants to leave, and also why the other parent does not want the child to accompany that parent. Once all the information is before the Court, the court would make a decision. The decision would be based solely on the minor child’s best interests. The Court may also consider reports and recommendations from other experts. For example, the Office of the Family Advocate, a Social Worker or Psychologist. Obviously, their experts need to consult with both parents and the child and have all the facts before them before they can provide recommendations to the Court. They may decide to consult with the child’s school teachers, family member etc. A good report would deal with the actual circumstances overseas. For example, verifying the job, the school the child will be going to, and so on.

What are the factors the court would look at in relation to emigration?

If one parent leaves the country with the child, it would mean no physical contact for the other parent. This would be the major objection. On the other hand, a parent could object due to the country visiting being dangerous. In the case of relocation, an objection could be that the child’s education would be compromised. One other obvious reason would be that the child would not see the remaining parent and his or her family in South Africa. Counter-arguments could be the use of Skype, and holiday visits etc.

Advice to parents who wants to relocate or temporary leave South Africa with the minor child

If you need to relocate, with a child, and the other parent refuses to give consent, speak to a
legal advisor, or to us. They would advise you on your case, and if need be, assist or direct you to the proper people for an Application to court for an order that the requirement of consent is dispensed with. Should you be successful in such an application, the Order would be shown to the Department of Home Affairs when applying for a passport and when leaving the Country. The Officials would comply with the Order. The Order of Court can also be shown to the officials overseas should they want to know where the consent of the father is. In the same manner, should you want to leave South Africa to go overseas on holiday with the minor, approach us for advice should the other parent refuse to give consent. Your visit overseas could be to visit a family member, or just for a break. There should be no reason why you cannot take the minor child with you on holiday. [caption id="attachment_6387" align="alignleft" width="300"]Business Legal Advice - Cape Town Contact us today[/caption]

Sharing is Caring

This and other articles and posts found on this website are written by Adv. Muhammad Abduroaf to assist people with various family law related issues they may have. 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.    

I intend to leave South Africa and relocate with my minor child of the National Lockdown. What do I need to be aware of? Have a look at the checklist below.

With Covid-19 and the National Lockdown in South Africa, many things have changed. People re-looked their lives and started thinking differently about the future. As international travel is phasing in, relocating to another country may be something you have strongly considered. Now can you do it with your minor child?

Reasons people relocate to other countries

There is no reason to only live in one country for your entire life. Your work or partner in life may force you to leave South Africa and relocate to another country. Many people relocate to the United States of America, United Kingdom, Asia, and the Middle East, to mention a few. You may even want to go back to your country of birth.

Relocating with a minor child

When a parent wishes to leave South Africa and relocate to another country with a minor child, there are certain things he or she needs to be aware of. In essence, it is the issue of consent from the other parent or co-guardian. The reason for requiring consent is due to the prescripts of the Children’s Act. Section 18(3) of the Children’s Act states the following:  
(3) Subject to subsections (4) and (5), a parent or other person who acts as guardian of a child must- (a) administer and safeguard the child’s property and property interests; (b) assist or represent the child in administrative, contractual and other legal matters; or (c) give or refuse any consent required by law in respect of the child, including- (i) consent to the child’s marriage; (ii) consent to the child’s adoption; (iii) consent to the child’s departure or removal from the Republic; (iv) consent to the child’s application for a passport; and (v) consent to the alienation or encumbrance of any immovable property of the child. Sections 18(4) and 18(5) states: (4) Whenever more than one person has guardianship of a child, each one of them is competent, subject to subsection (5), any other law or any order of a competent court to the contrary, to exercise independently and without the consent of the other any right or responsibility arising from such guardianship. (5) Unless a competent court orders otherwise, the consent of all the persons that have guardianship of a child is necessary in respect of matters set out in subsection (3) (c) . We bolded and underlined section 18(3)(iii) and 18(3)(iv) of the Children’s Act dealing with “(iii) consent to the child’s departure or removal from the Republic; (iv) consent to the child’s application for a passport”. So, if you are intending to relocate with your minor child to another country, make sure you comply with the following checklist:

Consent Checklist

Consent for a Passport for the minor child

– Ensure that you have the other parent or guardian’s consent for an application for a passport; – Ensure that the other parent or guardian is willing to accompany you and the minor child to the Department of Home Affairs for the Application for, or renewal of the minor child’s passport. – If the other parent or guardian does not want to give consent for the passport, then you need to approach the Court for the necessary consent. You may want to double-check with the Department of Home Affairs; but since we last checked, they require both parents and the child to be present when applying for the child’s passport. Therefore, a letter or affidavit from the absent parent may not be enough. This can be challenging if the parents live in different provinces.  

Consent for relocation for the minor child

– Ensure that you have the other parent or guardian’s consent for the relocation; – Ensure that the other parent or guardian is willing to provide written consent for the minor child’s removal from the country. The necessary documents may be obtained from the Department of Home Affairs’ website. Download the necessary documents and ensure that you have all your documents in order. It is always a good idea to pay them a visit to ensure that you have all you require. The last thing you want is to board the aeroplane and be told that certain documents are missing. – If the other parent or guardian does not want to give consent for the relocation, then you need to approach the Court for the necessary consent.

Obtaining a court order

We always advise a parent who wishes to relocate overseas with a minor child to have a Court Order outlining the parental responsibilities and rights of both parents in it, as well as certain guardianship rights. For example, the order would outline when and how contact would be exercised, as well as when consent is not required by the other parent whilst overseas. In the latter regard, should the minor child wish to enrol into a school, the order may state that only one parent’s consent is required. t is not required by the other parent whilst overseas. In the latter regard, should the minor child wish to enrol in a school, the order may state that only one parent’s consent is required. 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

Various countries in the world. Which one are you intending to relocate to? Leave a comment below.

Afghanistan Albania Algeria Andorra Angola Antigua and Barbuda Argentina Armenia Australia Austria Azerbaijan Bahamas Bahrain Bangladesh Barbados Belarus Belgium Belize Benin Bhutan Bolivia Bosnia and Herzegovina Botswana Brazil Brunei Bulgaria Burkina Faso Burundi Cabo Verde Cambodia Cameroon Canada Central African Republic (CAR) Chad Chile China Colombia Comoros Congo, Democratic Republic of the Congo, Republic of the Costa Rica Cote d’Ivoire Croatia Cuba Cyprus Czechia Denmark Djibouti Dominica Dominican Republic Ecuador Egypt El Salvador Equatorial Guinea Eritrea Estonia Eswatini (formerly Swaziland) Ethiopia Fiji Finland France Gabon Gambia Georgia Germany Ghana Greece

Grenada Guatemala

Guinea Guinea-Bissau Guyana

Haiti

Honduras Hungary Italy Iceland

India

Indonesia Iran Iraq Ireland

Jamaica Japan Jordan Kazakhstan

Kenya Kiribati Kosovo Kuwait Kyrgyzstan Laos Latvia Lebanon Lesotho Liberia Libya Liechtenstein Lithuania Luxembourg Madagascar Malawi Malaysia Maldives Mali Malta Marshall Islands Mauritania Mauritius Mexico Micronesia Moldova Monaco Mongolia Montenegro Morocco Mozambique Myanmar (formerly Burma) Namibia Nauru Nepal Netherlands New Zealand Nicaragua Niger Nigeria North Korea North Macedonia (formerly Macedonia) Norway Oman Pakistan Palau

Palestine Panama

Papua New Guinea Paraguay

Peru Philippines Poland Portugal

Qatar Romania

Russia Rwanda Saint Kitts and Nevis Saint Lucia

Saint Vincent and the Grenadines Samoa San Marino Sao Tome and Principe Saudi Arabia

Senegal Serbia

Seychelles Sierra Leone

Singapore Slovakia Slovenia Solomon Islands Somalia South Africa South Korea South Sudan Spain Sri Lanka Sudan Suriname Sweden Switzerland Syria Taiwan Tajikistan Tanzania Thailand Timor-Leste Togo Tonga Trinidad and Tobago Tunisia Turkey Turkmenistan Tuvalu Uganda Ukraine United Arab Emirates (UAE) United Kingdom (UK) United States of America (USA) Uruguay Uzbekistan Vanuatu Vatican City (Holy See) Venezuela Vietnam Yemen Zambia Zimbabwe

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