Private agreements for child maintenance You can agree child maintenance with the other parent by negotiating with them directly or through your solicitor.
How do I sue for child maintenance in South Africa?
Steps to follow to apply for Maintenance Go to the relevant court and complete and submit J101, Form A: Application for a maintenance order (Afrikaans). In addition to the completed form, submit proof of your monthly income and expenses, such as receipts for food purchases, electricity and/or rent bill payments.
Can a father refuse to pay maintenance in South Africa?
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.
Which court deals with maintenance in South Africa?
Step 1: Attend the Magistrate’s Court closest to your home and go the Maintenance Court section in order to verify if that is the correct Court at which to make a maintenance application. Step 2: Complete “Form A: Application for maintenance order” (form J101). This form is obtained at the Maintenance office at Court.
How much should fathers pay in 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.
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.
How much maintenance must a father pay in South Africa?
Paying parents must pay 12 percent of their gross weekly income for child maintenance if they have to care for a child. In the case of two children, a paying parent’s gross weekly income should be divided by 16 percent in child maintenance payments.
What happens if a father refuses to pay child maintenance?
CMS can take you to court over unpaid child maintenance. They can apply for a court order to take legal action. This is a ‘liability order’. If the court grants the order, CMS can then legal action against you.
What happens if a father Cannot 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.
How do you calculate child maintenance in South Africa?
Usually a minor child’s portion of the household expenses is calculated by allocating one part towards the minor child and two parts to the adult. For example, if the rental amount per month is in the amount of R9000. 00, a child’s portion thereof will be R3000. 00 and the adult’s portion thereof will be R6000.
How much maintenance should a wife get in South Africa?
How Much Maintenance Should A Wife Get In South Africa? The Supreme Court stated that 25% of the husband’s income, whether alimony or divorce money, should be divided between the estranged wife and his family, so that he would be supported in his attempt to remarry if he remarried.
At what age does a father stop paying maintenance in South Africa?
What happens if the child reaches the age of 18 and she/he is still not self- supporting? The payment of maintenance will continue until the child is self-supporting. However, the maintenance payment should be deposited directly to the child’s banking account.
How long does it take to process child maintenance?
You’ll usually hear from the CMS in 4 weeks unless they have problems finding the paying parent. They’ll send you the result of their assessment so you can check it. You’ll get more information about how they worked out the amount. This includes the paying parent’s income.
Do I need a lawyer for maintenance court?
Claiming maintenance on behalf of a minor child is often a long and gruelling process. The process may start with negotiations between the parents without outside assistance. However, often, the parties will need to use a mediator and/or attorneys, and may ultimately land up in court.
How do Courts decide maintenance?
On the basis of the information provided by the parties in their respective affidavits, and on the basis of the pleadings filed by both parties, the Courts should asses the amount to be awarded towards maintenance, and if the Courts require any further information from the parties, it may pass necessary orders in this …
How is child maintenance calculated?
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.
What is covered in child maintenance?
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.
Can child maintenance be backdated?
All in all, child maintenance can be backdated for a long period, but there’s no definitive answer as to how long. Essentially, it depends on the individual case and circumstances, and it might mean going to court to resolve the situation.
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 a mother stop a father seeing his child?
A mother cannot stop a father seeing his child unless the court orders to do so. If the child is scared of the father due to some kind of abuse or harm, then the mother would need to speak to the child and gather evidence which may prove the child being at risk.
At what age does child maintenance stop?
Child Maintenance payments stop when the child is aged 16 or when they finish leave full-time non-advanced education.
How does child 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.
What can be deducted from child maintenance?
These are called ‘special expenses’ and are for: the cost of keeping in regular contact with the child or children you pay child maintenance for – for example, the cost of fuel to travel between your home and the child’s home. costs to support children who live with you if they have a disability or a long-term illness.
Who is responsible for paying child maintenance?
Child maintenance is money to help pay for your child’s living costs. It’s paid by the parent who doesn’t usually live with the child to the person who has most day-to-day care of the child. It’s also called ‘child support’. A child means someone who’s under 16, or under 20 if they’re in approved education or training.
Does living with a new partner affect child maintenance?
Child maintenance remains payable whether or not your ex is living with a new partner. The obligation to pay child maintenance continues regardless of your ex’s circumstances.