Final child maintenance amount:
The Paying parent would pay
two thirds of the child’s expenses
which equates to R 666 – 00 per month.
What is average maintenance cost for a 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. three or more children, you’ll pay 19% 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.
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
.
What happens if maintenance is not paid?
In case the amount is not paid,
orders of arrest and imprisonment may be passed against the respondent on that date
. It noted that the man has been directed by the trial court and the decision upheld by the top court and the high court to pay money to his wife under two heads which include monthly maintenance of Rs.
How long do you pay child maintenance?
- 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.
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”)
.
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.
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 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.
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 does maintenance work in South Africa?
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.
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
.
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.
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
.
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.
How can I reduce maintenance to my wife?
you may
file an application before the court in which the court the d.v. case is pending for reducing the maintenance
due to changed in the circumstances u/s 25(2) of D.V. Act-2005, if the maintenance order passed by the family court u/s 125 of Cr. P.C then file an application u/s 127 of Cr.
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 child maintenance?
A CSA spokeswoman said: “
It is highly unusual for anyone to be sent to prison for the non-payment of child maintenance
. Magistrates must be satisfied that a parent has wilfully refused or culpably neglected to meet their financial responsibilities.”
What happens if maintenance is not paid to wife?
In case the amount is not paid,
orders of arrest and imprisonment may be passed against the respondent on that date
. It noted that the man has been directed by the trial court and the decision upheld by the top court and the high court to pay money to his wife under two heads which include monthly maintenance of Rs.
