WHAT IS THE LEGAL REQUIREMENT FOR CHILD MAINTENANCE?
A parent has a financial duty towards a child and is therefore expected to pay child maintenance and/or to provide financial support for the child until such time a child is self-supporting, which is usually when they reach majority, however just because the child reaches majority (18 years of age) does not necessarily mean that maintenance is terminated. Should the child not be self-supporting or wants to further their education, the child can apply for maintenance from their retrospective parents. Maintenance payments are not automatically suspended when the child turn 18 year of age.
Payment of child maintenance is viewed by the legal system as a very serious responsibility due to the fact that a child’s well-being is threatened if there is not sufficient money to support the child. It is extremely important that you have the support of an experienced family law attorney who has a passion for children and will ensure the best interests of the children is paramount at all times. Burger Huyser Attorneys will assist you in this very important process.
After launching a full financial enquiry into both parties’ financial position, the court will determine what amount constitutes reasonable maintenance. The parents’ income and expenditure and the child’s expenses will be taken into account.