What is Child Maintenance?
Child maintenance is a vital legal obligation in South Africa, designed to ensure that children receive the financial support they need to thrive. The responsibility of providing for a child’s upbringing falls equally on both parents, regardless of whether they are married, divorced, or were never in a relationship.
Child maintenance refers to the financial contribution one or both parents make to meet the child’s daily needs. This includes essentials such as:
- Housing (rent or mortgage payments for the child’s living space),
- Food and clothing,
- Healthcare (medical aid, medication, or doctor’s visits),
- Education (school fees, uniforms, and supplies),
- Extracurricular activities and other reasonable expenses related to the child’s upbringing.
The law prioritizes the child’s best interests, and maintenance ensures that their standard of living is not compromised.
Who is Responsible for Paying Child Maintenance?
In South Africa, both parents are legally obligated to contribute financially to their child’s upbringing. The obligation applies regardless of the parent’s marital status, custody arrangement, or relationship with the other parent. Contributions are calculated based on:
- The child’s reasonable needs, and
- Each parent’s financial means and responsibilities.
The principle of proportionality applies, meaning parents contribute in relation to their income and financial capacity.
How is Child Maintenance Determined?
Child maintenance amounts are not arbitrary; they are carefully calculated based on three main factors:
- The Child’s Needs
The court considers the specific costs associated with the child’s daily care, education, medical expenses, and extracurricular activities.
- The Parents’ Financial Situation
The income, expenses, assets, and liabilities of both parents are examined to assess their ability to contribute. This includes evaluating their other dependents or financial obligations.
- Proportional Contribution
Each parent contributes according to their financial means. For example, if Parent A earns 60% of the combined income and Parent B earns 40%, Parent A may be required to cover 60% of the child’s expenses.
Steps to Apply for Child Maintenance
If parents cannot agree on a maintenance arrangement, the Maintenance Court can intervene. The process involves:
Step 1: Gather Documentation
To apply for child maintenance, you need to provide:
- Proof of income (payslips, tax returns),
- Bank statements,
- A breakdown of the child’s expenses (school fees, medical bills, etc.),
- Identity documents for both the parent and child.
Step 2: File an Application
File the application at your local Maintenance Court, which is part of the Magistrate’s Court. A maintenance officer will guide you through the process.
Step 3: Maintenance Hearing
Both parents must attend a hearing where the court evaluates the evidence and decides on a fair maintenance amount. If one parent disputes the claim, the court may require additional documentation or testimony.
How is Maintenance Paid?
Once a maintenance order is granted, payments can be made:
- Directly to the caregiver’s bank account,
- Via an employer, through a garnishee order, where the amount is deducted from the paying parent’s salary, or
- Through the Maintenance Court, which collects and distributes the payments.
What Happens if a Parent Fails to Pay?
Failure to pay child maintenance has serious consequences in South Africa, including:
- Garnishee Orders: The court can deduct unpaid amounts directly from the defaulter’s salary.
- Seizure of Assets: The court may authorize the sale of the defaulter’s property to recover arrears.
- Blacklisting: Defaulters can be reported to credit bureaus, impacting their credit rating.
- Imprisonment: Persistent non-payment can result in criminal charges and jail time.
Adjusting a Maintenance Order
A maintenance order is not fixed and can be adjusted if circumstances change. Either parent can apply to the court to:
- Increase the amount, if the child’s needs grow (e.g., school fees increase or unexpected medical expenses arise),
- Decrease the amount, if the paying parent’s financial situation worsens (e.g., loss of income).
Key Considerations
- Shared Custody: Even in shared custody arrangements, child maintenance may still be required if there is a significant income disparity between parents.
- Communication is Key: Open and transparent discussions about the child’s needs can prevent conflicts and avoid court intervention.
- Legal Guidance: It is often beneficial to seek legal advice to ensure that maintenance arrangements are fair and enforceable.
How Burger Huyser Child Maintenance Attorneys Can Assist You
At Burger Huyser Attorneys, we understand that child maintenance disputes can be emotionally and financially taxing. Our experienced team of family law specialists is here to help you:
- Calculate reasonable maintenance amounts,
- Apply for or contest maintenance orders,
- Recover unpaid maintenance,
- Adjust existing maintenance orders to reflect changed circumstances.
We are committed to protecting your child’s best interests while ensuring the process is as stress-free as possible.
Child maintenance is not just a legal obligation but a moral responsibility to support your child’s growth and well-being. Understanding how the process works in South Africa can help parents navigate their duties and ensure the best possible outcomes for their children.
For expert advice or assistance with child maintenance matters, contact Burger Huyser Attorneys today. Let us guide you through the process and secure a brighter future for your child.
Contact Burger Huyser Attorneys, and book a consultation for professional and compassionate legal assistance. Let us help you secure an arrangement that works for you and your child. To speak to one of our experienced child maintenance lawyers in South Africa for immediate assistance, contact us on the numbers below:
Randburg call 061 516 6878; Roodepoort call 061 516 0091; Sandton call 064 555 3358; Pretoria call 064 548 4838;
Centurion call 061 516 7117; Alberton call
DISCLAIMER: Information provided in this article does not, and is not intended to constitute legal advice. READ MORE
