How Do I Get Maintenance For My Child?

by | Last updated on January 24, 2024

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Final child maintenance amount:

The Paying parent would pay two thirds of the child's which equates to R 666 – 00 per month. And the custodian parent would thus cover the balance of

R 334 – 00 per month

.

How do I apply for maintenance in South Africa?

Steps to follow to apply for Maintenance


Go to the relevant court and complete and submit J101, Form A: Application for a maintenance order (Afrikaans)

. In addition to the completed form, submit proof of your monthly income and expenses, such as receipts for food purchases, electricity and/or rent bill payments.

How much should a father pay for child maintenance in Ireland?

The court may order the non-resident parent* to pay a regular amount based on income and expenses. The maximum that the District Court can order from either parent is

€150 per week for each child

.

How much is child maintenance in Ireland?

At present, the District Court can award any amount up to €500 per week for a spouse/civil partner, and

€150 per week

for each child. If sums greater than these amounts are being sought, you will need to apply to the Circuit Court.

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.

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 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.

Does a mother have to pay child maintenance?


You don't have to pay child maintenance

. The CMS will look at all the arrangements you have for caring for your child, not just how many nights they spend with each of you. You should keep a diary to show how often you care for your child so you can prove you share care equally.

How long does it take to process child maintenance?

You will usually get a response from CMS about your application for Child Maintenance

within six weeks

. However, it can take up to 26 weeks if there is a problem with contacting the paying parent.

Does a father have to pay maintenance if he doesn't see the child?

If you're the child's parent,

you have to pay maintenance even if you don't see them

. Paying maintenance doesn't mean you have a right to see the child. If you'd like to see them, you should first try to agree with the person who's looking after them.

What happens if child maintenance is not paid?


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.

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.

How do I get sole custody of my child in Ireland?

  1. A relative of the child.
  2. A parent's spouse, civil partner or cohabitant (for at least 3 years) with whom the child resides and where they shared parenting of the child for at least 2 years.

How is child maintenance calculated in Ireland?


There is no scientific formula for calculating maintenance in Ireland

. This means that every situation is different and will be considered on its own facts. You need to consider earnings, as well as expenses such as food, housing, medical, education, transport and clothing.

Can a working wife claim maintenance?

With the passage of time, the ‘home maker' status of women in India has undergone considerable changes. A woman is no more tagged as just a housewife. Infact, she has successfully established herself as a working woman.

Can you go to jail for not paying 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

.

Can a mother deny a father access?

Unfortunately,

it is quite common for mothers to stop a father's access to a child merely by refusing to let them see them

. However, fathers do not often recognise that they have the same rights as mothers. This means in terms of child contact that they are entitled to have access to the child as much as the mother is.

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 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.

Can you claim tax credits if you get child maintenance?

Receiving parent on benefits

If you are a receiving parent and get any social security benefits, you will be able to keep all child maintenance paid as it does not affect any of the benefits you claim.

It will also not affect any housing benefit or tax credits awards you receive

.

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

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 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.

Can you go to court for child maintenance?

Applying to the courts for child maintenance


If you can reach an agreement for child maintenance with the other parent you can apply to the court to make it a formal legally binding agreement

. This is called a consent order. Both parents must agree to the terms of the order.

Who gets child benefit mother or father?

If two people are responsible for the same child, only one will get the payment. Parents can decide between themselves who receives it – otherwise, HM Revenue & Customs (HMRC) will decide.

HMRC will give the child benefit to the parent the child lives with the most

.

Do mothers have more rights than fathers UK?

The short answer to your question is yes,

fathers do have the same parental rights as mothers

. However, you should know that in the UK, whereas a mum automatically obtains parental responsibility as soon as her child is born, the situation is a bit more complicated for the dad.

Maria LaPaige
Author
Maria LaPaige
Maria is a parenting expert and mother of three. She has written several books on parenting and child development, and has been featured in various parenting magazines. Maria's practical approach to family life has helped many parents navigate the ups and downs of raising children.