
WHAT DOES SOUTH AFRICAN LAW SAY ABOUT CHILD MAINTENANCE?
Child maintenance is a legal obligation imposed on parents to provide financial support to their children, who are minors or who have not yet completed their education or vocational training. In South Africa, child maintenance is governed by various laws and regulations, including the Children’s Act 38 of 2005, the Maintenance Act 99 of 1998, and the Divorce Act 70 of 1979. Who is responsible for paying child maintenance? Both parents are legally responsible for the financial support of their children. This means that even if the parents are not living together, both of them must contribute to the child’s upkeep. In cases where the parents are married, they have a joint responsibility to maintain their children. This means that if one parent cannot pay, the other parent must step in and pay the full amount. However, if the parents are not married, the parent with whom the child lives most of the time (the primary caregiver) is entitled to claim child maintenance from the other parent. What happens if a parent fails to pay child maintenance? The primary caregiver of the child can approach the Maintenance Court to enforce payment. The Maintenance Court has the power to issue a maintenance order, which is a court order requiring the parent to pay a certain amount of money towards the maintenance of the child. If the parent still fails to pay, the primary caregiver can approach the court to enforce the maintenance order.