How Is Child Maintenance Worked Out In South Africa?

Child maintenance in South Africa is based on the gross income of each parent and not the household income .

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.

How much is the basic rate of 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 . And the custodian parent would thus cover the balance of R 334 – 00 per month.

How do you calculate maintenance for a child?

1. one child, you'll pay 12% of your gross weekly income.
2. two children, you'll pay 16% of your gross weekly income.
3. three or more children, you'll pay 19% of your gross weekly income.

What are child maintenance payments meant to cover?

What Does Child Maintenance Cover? 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?

1. Capable of working ( Add the info past and present job details )
2. Well Qualified ( add the info of her education )
3. Prima Face Case.
4. Approach the Court with Unclean Hand.
5. Deserted to Husband without sufficient cause.

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.

What happens when child maintenance is not paid?

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 .

How much does the father pay for child support?

Assuming you're on the basic rate, you'll need to pay: 12% of your gross weekly income for one child . 16% of your gross weekly income for two children. 19% of your gross weekly income for three or more children.

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 can I expect at maintenance court?

A maintenance officer and an investigator will investigate your claim and look into your circumstances . The court will serve a summons (a letter instructing a person to come to court) on the respondent (the person against whom the claim is brought) to appear in court on a specific date to discuss the matter.

How long do you pay child maintenance?

1. The child is 16 years old.
2. The child is 20 years old if they continue in full-time education to the end of A- levels.

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 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”) .

How far back can child maintenance be backdated?

If an application is made with the CSA, your responsibility to pay will start from around the time the CSA contact you. If the child's mother had previously opened a case fifteen years ago with the CSA then they may be backdated payments owed .

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.

What should child support be used for?

In general, child support is designed to maintain a child's living standard and ensure all their basic needs are covered . The money can be used to pay for necessities like: Shelter, including the rent or mortgage and utilities of the child's primary home to ensure they're living in a safe environment.

How can I avoid paying maintenance for my wife?

1. you can file petition for restitution of conjugal rights but you cannot force your wife to stay with you . ...
2. if order of maintenance is passed against you and you are aggrieved you can go in appeal against the said order before sessions court . ...
3. even if you take personal loans your maintenance wont be reduced .

How long does a maintenance case run?

You can expect to have your interim relief being decided within a span of 6 months , but the time frame of the main case can be anybody's guess. no definite time is stipulated. once the issue reaches the court, it will take its time to adjudicate as per law.

How do I protect my interim maintenance case?

1. Show lowest possible income. ...
2. Show you want to rejoin your wife. ...
3. She is well educated and capable of earning.
4. Show She is earning.
5. Show your parents dependency.
6. Show that she left you without any sufficient cause.

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.

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 child maintenance take money from your bank account?

The CSA can take the money from the parent's bank account, wages or benefits . If your child's other parent doesn't respond to the CSA's attempts to contact them or doesn't pay the arrears, the CSA may apply to the court for a liability order.

What powers do the child maintenance service have?

CMS can take legal action to make you, the paying parent, pay the child maintenance you owe under the liability order. They can: register an order with Land Registry or Registry of Deeds against your land or property ensuring you cannot sell unless you pay what you owe from the money you make from the sale.