The Paying parent would pay two thirds of the child’s expenses which equates to R 666 – 00 per month. And the custodian parent would thus cover the balance of
R 334 – 00 per month
.
What is the average maintenance for a child in South Africa?
In our law
there is no set amount that a parent should pay for maintenance in respect of their child, and each case is decided based on the situation of the specific family
. The generally accepted principle is that each parent is obliged to maintain his/her child, pro rata in accordance with his/her means.
How does child maintenance get calculated in South Africa?
The general rule is that a child’s common share of the common expenses in the household is determined
by allocating one-part per child and two-parts per adult or older child
. Maintenance cannot be measured in monetary terms alone.
What is the percentage of child maintenance in South Africa?
In the below example, each child will be allocated
25% percent of the total expense shared by the three members of the household
. 25% for Child 1 + 25% for Child 2 + 50% for Adult = 100% of household expense.
Does a father legally have to pay child maintenance?
Arranging child maintenance
When possible, you should make sure your child is looked after by having an effective maintenance arrangement in place.
Both parents are legally responsible for the financial costs of bringing up their children
, even parents who don’t live with their children.
Do I have to pay child maintenance if it’s 50 50 custody?
If you have shared care for at least 52 nights a year, you don’t need to pay any child maintenance
.
What does child maintenance include?
Child maintenance covers the cost of the everyday care of the child, such as
food, clothes, and housing
. Expenses such as school fees do not fall under child maintenance – parents who are getting a divorce can make a “Family Based Arrangement” to deal with costs like this.
Does an unemployed father have to pay maintenance?
[1]
If a parent is unemployed and does not receive an income the Maintenance Court may order that assets be attached and sold to pay for the maintenance of the minor child
. In the worst-case scenario failure to pay maintenance can also be deemed a criminal offence and may be susceptible to criminal prosecution.
How do you win a maintenance case?
- Capable of working ( Add the info past and present job details )
- Well Qualified ( add the info of her education )
- Prima Face Case.
- Approach the Court with Unclean Hand.
- Deserted to Husband without sufficient cause.
How is the amount of maintenance calculated?
The maintenance amount is calculated
by taking into account the total monthly take home income (ie. without tax) of both the spouses
. The educational background of the spouses, the number of years of marriage, number of children and child custody are also major factors, which govern the maintenance amount.
At what age does a father stop paying maintenance in South Africa?
In South Africa, a parent’s duty to support a child does not cease when the child reaches the age of majority (18 years) but usually ceases
when the child becomes self-supporting
.
What should I bring to maintenance court?
Proof of physical work and residential address
. list of your expenditure e.g. water and lights bill, till slips for groceries, school expenses; medical and travel receipts, clothing accounts, etc., Provide the copy of the maintenance court order if there is a maintenance court order against you in another court.
What rights does a father have in South Africa?
According to the Children’s Act of South Africa (38 of 2005), even after a divorce, the biological father of a child still has
full parental rights to his child/ ren, unless a court orders otherwise
. While married fathers have these rights automatically, unmarried fathers do not.
What happens if you don’t pay child support in South Africa?
Essential facts about child maintenance
If maintenance isn’t paid,
the court can take the money from the maintenance payer’s salary, their investment account, auction their property or issue a warrant of arrest
. The maintenance amount can increase or decrease depending on the financial circumstances.
How do you calculate maintenance for a minor child?
Calculation of Maintenance
In practice,
the gross-income of the respective parents are divided by the joint gross-income and then multiplied with an amount equal to the reasonable needs of the minor child
.
What are child maintenance payments for?
Child maintenance is money
to help pay for your child’s living costs
. It’s paid by the parent who doesn’t usually live with the child to the person who has most day-to-day care of the child. It’s also called ‘child support’.
What happens if a father refuses to pay child maintenance?
CMS can take you to court over unpaid child maintenance
. They can apply for a court order to take legal action. This is a ‘liability order’. If the court grants the order, CMS can then legal action against you.
Do I still pay child maintenance if my ex remarries?
The answer is no.
When parents divorce, the absent parent (“paying parent”) is obliged by law to pay child maintenance to the parent caring for the child (“receiving parent”)
.
Can child maintenance be reduced?
If payments are reduced or stopped (unless agreed between you), you will be in breach of the court order
. If you genuinely can’t meet payments because your income has fallen, you can ask the court to reduce the amount of child maintenance you need to pay.
Does Child Benefit affect child maintenance?
If you are a receiving parent and get benefits, you will be able to keep all child maintenance payments
. If you are a paying parent and you, or your partner, get benefits, you will pay the flat rate of maintenance.
If both parents equally share the care of the children, then neither parent will make child maintenance payments or be responsible for child support arrangements
.
How long do you pay child maintenance?
- The child is 16 years old.
- The child is 20 years old if they continue in full-time education to the end of A- levels.
Do I have to pay more than child maintenance?
Yes, you are not obliged to pay anything more than your child maintenance sum
. I would however encourage you to consider any requests on a case by case basis. Ultimately the money is to pay for your child and so you may want to pay a little extra on one-off occasions so that your child doesn’t go without.
Do I have to pay child maintenance if I’m not on the birth certificate?
If an unwed father is not listed on the birth certificate, he has no legal rights to the child. This includes
no obligation to paying child support
and no rights to visitation to custody or child support. If no father is listed on the birth certificate, the mother has sole legal rights and responsibility of the child.
What happens to child maintenance if father dies?
When considering child maintenance,
one of the parents may be ordered to continue providing financial support to the other parent for children’s needs after divorce
. The payment responsibility usually lasts until the children attain the age of 18 or finish full time education, whichever is later.
