Final child maintenance amount:
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.
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 a fair amount of child maintenance?
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.
How do you 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.
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.
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 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.
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.
Is child maintenance based on household income?
The CMS calculates child maintenance according to what the law says a parent should pay.
It uses the paying parent's gross income to work out the payment
. This can include wages, income from a pension and other taxable income.
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.
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.
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
.
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 happens if a father Cannot 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.
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.
Does pension lump sum affect child maintenance?
It's quite common for people over 55 to take one or more tax free lump sums from their pension up to a maximum of 25% of the pension pot.
All other tax free income, like the interest from ISA savings, is not included in the child maintenance calculation
.
Is childcare included in child maintenance?
Usually maintenance is a contribution to costs for the parent with the main care of children, made by the non-resident parent. There are no rules for this;
sometimes two people may agree a weekly or monthly cash payment into a bank account and others might agree regular payment of a particular cost such as childcare
.
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 educated wife claim maintenance?
No an well educated wife is not entitled to maintenance
. The courts are of the view that the wife cannot act force the husband to milk out cash in favour of the wife. Like for example, the recent judgment of Delhi High Court of Mamta Jaiswal.
How do I protect my interim maintenance case?
- Show lowest possible income. …
- Show you want to rejoin your wife. …
- She is well educated and capable of earning.
- Show She is earning.
- Show your parents dependency.
- Show that she left you without any sufficient cause.
Is bonus included in child maintenance?
Bonus payments received will therefore be taken into account when calculating child maintenance
. This can cause problems for some people who receive large bonuses some years but not in others.
