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.
What percentage of salary is paid for child maintenance in South Africa?
Final child maintenance amount:
The Paying parent would pay
two thirds of the child's expenses
which equates to R 666 – 00 per month.
How much child maintenance should a father pay?
On the basic rate, if you're paying for:
one child, you'll pay 12% of your gross weekly income
. two children, you'll pay 16% of your gross weekly income. three or more children, you'll pay 19% of your gross weekly income.
What child maintenance should I pay?
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'.
How do I calculate child maintenance?
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.
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.
How much maintenance Should a father pay 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.
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.
What happens if you dont pay maintenance?
Subject to the defence that failure to make a payment in terms of a maintenance order is due to lack of means, a person who fails to make a particular payment in accordance with a maintenance order is
guilty of a criminal offence and liable on conviction to a fine or to imprisonment
.
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”)
.
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
.
Do fathers 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 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.
How long do you pay child maintenance for?
When does child maintenance stop? If child maintenance has been paid under a Child Maintenance Service Agreement, then the law states that maintenance will be paid until:
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.
What happens if a paying parent doesn't pay child maintenance?
Under a child maintenance arrangement, child maintenance is usually paid by the parent who does not have day-to-day care of the child or does not usually live with the child. If this payment is not forthcoming,
the receiving parent could launch a civil legal claim
.
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 does child maintenance cover South Africa?
In addition to a monthly a cash amount that is paid to the parent with primary care rights – to help cover shelter, food, clothing etc., contributions must also be made to educational costs (tuition fees, textbooks, uniforms, school outings, stationery etc.); medical expenses (doctor's fees, hospital bills, psychiatric …
How much maintenance does my wife need?
If the alimony is being paid on a monthly basis, the Supreme Court of India has set
25% of the husband's net monthly salary
as the benchmark amount that should be granted to the wife. There is no such benchmark for one-time settlement, but usually, the amount ranges between 1/5th to 1/3rd of the husband's net worth.
How do I calculate maintenance for my husband?
When it comes to calculating spousal maintenance,
there is no set formula to follow
– unlike child maintenance. Usually, the amount to be paid is determined by the couple or by the court after considering the circumstances. The court will decide both the amount to be paid and the length of time.
How can I avoid paying maintenance for my wife?
- you can file petition for restitution of conjugal rights but you cannot force your wife to stay with you . …
- if order of maintenance is passed against you and you are aggrieved you can go in appeal against the said order before sessions court . …
- even if you take personal loans your maintenance wont be reduced .
Can a father refuse to pay maintenance?
A parent may not withhold payment of maintenance if he or she is not allowed by the other parent to exercise his/her right of access to a child
. The flip side of the coin is that a parent may not refuse the other parent access to a child when the latter does not contribute towards the maintenance of that child.
Does an unemployed father have to pay maintenance?
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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 is child maintenance calculated when self employed?
To find out how much child maintenance is, the CMS (child maintenance service) will identify what you are required to pay based on your earnings, which is worked out by looking at average weekly earnings based on the most recent tax year and the paying parent's tax return.
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.
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.
Can child maintenance be backdated?
All in all,
child maintenance can be backdated for a long period
, but there's no definitive answer as to how long. Essentially, it depends on the individual case and circumstances, and it might mean going to court to resolve the situation.
