If you are the person who receives maintenance: Apply at the
magistrate's court
that is situated in the district where you as the applicant and the child resides or lives. Complete the relevant application form and submit it, together with a statement of income and expenditure, to the maintenance officer.
How much child maintenance should a father pay 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 do I apply for child maintenance in South Africa?
- Birth certificate of your child/children.
- Your identity document.
- Proof of residence.
- A divorce settlement.
- Proof of your monthly income and expenses.
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
.
Can a father refuse to pay child support?
Often, parents can come to a consensual arrangement about maintenance or may choose to have their arrangements made into a court order as part of their divorce.
There are times, however, when your child's father may fail to pay Family Support
and you need to take action to recover the money owing.
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.
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 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.
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 is maintenance for a child 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.
At what age does a father stop paying maintenance in South Africa?
In terms of the new Children's Act, maintenance is payable until the age of
18 years
. Before the new Children's Act came into effect, maintenance was payable by the parent in respect of the minor child until the minor child was 21 years of age or self-supporting, whichever event should occur first.
Can a parent sue a child for maintenance in South Africa?
The law around the issue of parents claiming maintenance from their son-in-law or daughter-in-law is clear, and
a parent cannot claim maintenance from them
as a reciprocal duty exists between parents and child/ren and relates to them claiming from the nearest relative first.
When can I stop paying child maintenance?
Maintenance does not stop at 18
Most people believe that maintenance stops when a child becomes a major. This is wrong in law. A parents' duty to support their child does not terminate when the child becomes a major,
when the child turns 18 years old
, but only when they become self supporting.
Do I have to pay child maintenance if my ex gets married?
Whether or not you have remarried, or your ex-partner has remarried,
does not affect the obligation to continue paying child maintenance
.
How long do I have to pay child maintenance in Ireland?
Child maintenance must be paid
until the child is 18, or until the child is 23 if he or she is enrolled in school full time
. There is no age limit on child maintenance for a child that is dependent on a parent due to a disability4.
Do I have to pay child maintenance if I don't see my 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 to child maintenance if father dies?
192) (“MPPO”),
any order made for periodical child maintenance payments (i.e. periodical payments, secured periodical payments, lump sum payments) will cease to have effect upon the death of the payor
, with the exception of any arrears due under the order on the date of his/her death.
Can I take my ex to court for child maintenance?
Child Maintenance Orders
As with a Consent Order, if you ex-partner does not make payment,
you can take them back to court to enforce the Order
.
Can you go to jail for not paying maintenance?
Remember, not paying maintenance is a criminal offence and
the respondent can be fined or imprisoned for up to 1 year, or both
.
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.
What is the punishment for not paying maintenance to wife?
It is not correct to assume that the power of Magistrate is to impose only
a month's imprisonment
irrespective of the duration of the arrears of maintenance. A month's imprisonment for every month's default is the maximum penalty under S. 125 (3) and not a maximum of a month's imprisonment for the total default. 6.
Can maintenance be reduced?
The child must institute action in his/her personal capacity. The fact that a child is visiting a parent temporarily does not entitle that parent to suspend or reduce his/her maintenance during that period, unless a court order contains a specific provision to the effect that this may happen.
Is maintenance court working during lockdown?
What does this mean during lockdown? The Government Gazette dated 26 March 2020 (No. 43167) provides that during lockdown, in respect to maintenance matters,
only first-time applicants and those seeking to enforce an existing maintenance order may approach the maintenance court
.
Does child maintenance include clothes?
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 should a father pay towards his child?
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.
When can I stop paying child maintenance UK?
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.
