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

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 Bethlehem

Whether you claim child maintenance in Bethlehem, 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 Bethlehem.

The maintenance scenario – Bethlehem 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 Bethlehem
  2. The child is cared for by the mother who works in Bethlehem
  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 Bethlehem
  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 Bethlehem, it would be the maintenance court in Bethlehem. 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 Bethlehem, 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 Bethlehem Maintenance Court?

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

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

 

 

 

Posted on by Telelaw

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

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 Bethlehem

Whether you claim child maintenance in Bethlehem, 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 Bethlehem.

The maintenance scenario – Bethlehem 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 Bethlehem
  2. The child is cared for by the mother who works in Bethlehem
  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 Bethlehem
  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 Bethlehem, it would be the maintenance court in Bethlehem. 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 Bethlehem, 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 Bethlehem Maintenance Court?

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

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

 

 

 

Related Post

Frequently asked Child Custody and Guardianship Questions, answered by Adv. Muhammad Abduroaf, Advocate of the High Court of South Africa

Parents who are separated or having difficulties in their marriage or relationship often have questions regarding issues regarding child custody, care, visitation, and guardianship. Below are a few questions that Adv. Muhammad Abduroaf attempt to answer.

What is the most common child custody agreement?

The most common child custody agreement is for one parent to have primary care and for the other to have reasonable contact. That basically means the child would be cared for by one parent during the school week, and the other parent would have visitation rights every other weekend. Sometimes visitation would be during the week as well. Regarding school holidays, each parent would care for the child equally if possible. That would mean that the school holidays would be split in half. There are many variations to the above. However, the idea is that one parent would care for the child’s day-to-day needs and would be the first point of call for the child. For example, should the child fall ill at school, then the primary caregiver would be first contacted. That parent would also ensure that the child does their homework, attend sport, etc. The other parent may assist with schoolwork and assignments while caring for the child.

At what age can a child refuse visitation in South Africa?

Children need to listen to their parents. The opposite also applies. However, the difference is that parents know what is best for their children. Once the child turns 18 and is an adult, they can decide when and with whom they want to have contact. If, however, a child is afraid to have contact with a parent, then in such a case, the matter needs to be looked into. It may be best that the child sees a social worker or psychologist to determine the root of the problem and work from there.

How does guardianship work in South Africa?

Guardianship refers to legal matters concerning a child’s life. For example, a child’s legal guardian would consent to a child obtaining a passport or buying a house. Consent is also required for a child to undergo specific medical procedures and international travel. As you can see, guardianship has nothing to do with the visitation of a child. Therefore, a parent can have visitation rights but no guardianship rights.

What do judges look for in child custody cases in South Africa?

In all matters concerning children, the court or the judge is only concerned with what is in the child’s best interest, and not what is in the parent’s best interest. Therefore, whenever a judge has to decide regarding care, contact or anything related to the well-being of the minor child, it needs to make it based on what it believes is in the child’s best interests.

Are fathers entitled to 50/50 custody?

Fathers and mothers are entitled to 50/50 custody if the facts allow it. 50/50 is also sometimes referred to as shared care. If 50/50 is in the child’s best interests, the court will make such an order. If, for example, a parent lives far away from the child’s school, and that parent also needs to be at work very early, it would not make sense for that parent to have shared care over the minor child.

What is a realistic custody agreement?

A realistic custody agreement is one that would work for your specific family. Each family is different; therefore, what would work for one family would not necessarily work for another. Some parents work from home, and others work abroad. Furthermore, some parents are unable to assist children with schoolwork. Therefore, whatever custody agreement would work and be in the child’s best interests is best.

At what age will a judge listen to a child in South Africa?

If the child is mature enough, and there is a need for it, the court would listen to the child. However, usually, it depends on other experts’ interactions with the child—for example, the Office of the Family Advocate or a social worker who would provide a report.

How can a mother lose custody in South Africa?

If the mother has custody or primary care over the minor child, she can lose custody if she cannot be the primary caregiver. She may also lose custody if the other parent is better equipped to care for the minor child. For example, the mother now must work long hours and is away at work more often. The court may decide that it is best for the father to care for the minor child if he can do so.

Is South Africa a 50/50 custody State?

South Africa does not follow the 50/50 custody principle, and it makes a custody order based on all the information before it and on what is in the child’s best interests.

What is considered an unfit parent in South Africa?

An unfit parent neglects a child. Not everyone has the same income or wealth, so a parent who cannot purchase everything the child wants is not seen as unfit. However, if that parent puts the child in harm’s way or neglects the child, that parent would be seen as an unfit parent.

How do you win a custody battle with a narcissist?

Whether or not the other parent is a narcissist, the principles applicable to winning a child custody case would remain the same. It would help if you focused on the child’s best interests and nothing else. The court would pick up that the other parent is a narcissist. However, that does not mean you will win your case. A narcissist that can care well for the child should care for the child. Therefore, focus on aspects showing that you can care better for the child.

What access do fathers usually get?

Historically, the father usually received reasonable contact, which usually entailed contact every second weekend, on special days and half the holidays. The law and society have evolved so that many fathers are primary caregivers, and the mothers are the ones who receive reasonable contact. No matter what the gender of the parent is, the law looks at what is best for the child concerned.

How do you calculate child custody?

You would calculate child custody by the amount of time a parent would spend with a child during the month. For example, if a parent has contact with a child every second weekend, that would mean that the parent cares for the child 4 to 5 days a month.

How can I gain full custody of my child?

Any parent can gain full custody of their child if they can prove it would be in their best interests. No court would give full custody to a parent who cannot care well for the child. The law does not look at the amount of money you have as the court can always order the other parent to pay more child support. [caption id="attachment_10745" align="alignnone" width="300"]Best Attorneys, Advocates, lawyers to assist you in your Court Custody matter. When is the best time to get them involved in your case? Adv. Muhammad Abduroaf[/caption]

Posted on by Telelaw

 

Heartlands Baby Sanctuary

An event of excellence

Playing it Forward at De Zalze Golf course:

25th October 2024

 

A little bit about Heartlands:

Heartlands Baby Sanctuary, in Somerset West, is a residential (24 hour, 7 days a week) safe care facility that opened its doors 9 years ago. The facility aims to provide safety and protection for children who desperately need it. These are children who have endured unimaginable abuse, neglect, and abandonment, or who may have disabilities that make them even more vulnerable.

 

Throughout the years, we have been able to provide a home – like environment, to help make a positive impact on the lives just under 400 children. We have developed specialised programs to address their unique needs during their stay with us, and we have made remarkable differences. Witnessing how these children flourish and find happiness when they are shown love, care, and safety has been both heartbreaking, however, more heartwarming.

 

Children who get a healthy start to life in the 1st 1 000 days and beyond are:

  • 10 times more likely to overcome life threatening childhood diseases
  • More likely to complete nearly 5 more grades in school
  • More likely to go on to earn 21% more in wages as adults
  • More likely to have healthier families of their own

 

Our key annual fundraising event

 

`If it goes right, it’s a slice, if it goes left, it’s a hook,

if it goes straight, it’s a miracle’ Doug Fields

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


This year, De Zalze are only allowing 5 charities to hold golf days, and Heartlands has been selected as one from countless others, given the very high standard of our previous golf days.

 

THE ASK:

This fundraising golf day aims to contribute significantly towards bringing our annual costs down, but not only that, it will assist us in raising more financial support through exposing us to potential new donors. De Zalze is recognized as a five-star golf course in South Africa, attracting very high LSM players. 

 

Your benefits as a sponsor / donor:

  • Elevate your brand visibility, forge new customer connections, foster business collaborations, and relish a memorable time on the course—all while championing a noble cause.
  • Discover a spectrum of sponsorship options tailored to suit your budget and marketing objectives at our tournament.
  • Ensure that you, your colleagues, and esteemed clients can enjoy an exhilarating Playing it Forward, Heartlands Baby Sanctuary Golf Day, with huge benefits such as unique auction items and prizes.
  • Transform Lives While Boosting Your Brand

Sponsorship opportunities include: (some of which are tax-deductible)

 

  • Co-Branded golf shirts: max. R16 000 for staff and volunteers and 4 x representatives from your company (qty 40 – approximately R400 per shirt including embroidery)

 

  • Dinner incl. set up: R32 000 (big, delicious braai platters) – tax-deductible.
  • Taking a 4-ball R7 000 and/ or sponsoring a dry hole R4 500 or wet hole R5 000
  • Overall contribution towards golf day – tax-deductible pending client requests
  • TITLE SPONSOR R70 000 includes all of above including branding throughout the venue and at the entrance and deck, positioning on TV screens at the venue, newsletter (5 500 reach), Facebook (7 700 reach) and includes one 4-ball and one wet hole. 

PLUS

 

  • Potential access to the database, pending question at registration to receive communication from yourselves with a YES/ NO for POPI reasons.

 

I do hope you can assist us in our fundraising, Day of Difference, Playing it Forward golf day. We would love to have you on board for an awesome day out on the golf course, whilst giving you great visibility and the opportunity to meet new clients, and to spoil your existing clients. If you are not able to help with the golf day, there are various other ways of helping. Simply liking and sharing our social media posts, and circulating this with friends, family and colleagues, will help create awareness around the work we do, helping us immensely.

 

Thank you for your time and I look forward to hearing from you.

 

Kind regards,

 

Nikki Bower – Sustainability| Marketing | Events

[email protected]

021 – 852 3527

 

 

Posted on by Telelaw

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