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 maintenance Should a father pay for one child?
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.
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.
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.
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.
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 .
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.
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”) .
What happens if a father Cannot pay maintenance?
Parents are required to pay maintenance until a child is self-supporting. The court determines how much a child needs. 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 .
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 ...
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.
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.
How long does child maintenance take to process?
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.
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.
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 .
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.
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.
How long should a parent pay maintenance?
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.
