Child maintenance is not only a legal responsibility – it is also an ethical one. By providing financial support for our children, we are ensuring that they have access to the resources they need to grow up safe and healthy.

In this article, we’ll take a look at child maintenance in South Africa. We’ll discuss how much child maintenance should be paid by parents/guardians and explore how these payments can be enforced legally if necessary. We’ll also provide helpful tips on how to ensure your child’s financial security in the long-term.

What Is Child Maintenance?

Child maintenance is the legal obligation of a parent to financially support their child or children. In South Africa, the Child Maintenance Act of 2008 establishes the right of a parent to receive payment for the maintenance of their minor child or children. Payments can be requested from either parent and are meant to provide financial support for things like food, clothing, medical care, and education.

The Act defines “maintenance” as payments in cash or in kind (such as providing a place to live). The amount due depends on the income of both parents and any other factors that might be relevant. The court will also take into consideration additional costs such as education and medical costs.

Child maintenance can be paid by either parent, but it is usually paid by the father, who is legally obliged to ensure that any child or children he has are maintained in accordance with South African law. Payment should begin once the child is born and continue until he/she reaches 18 years of age or finishes secondary schooling if later than 18 years old.

Who Is Eligible for Child Maintenance?

When it comes to child maintenance in South Africa, it all depends on who is the legal guardian of the minor child or children. In general, if you are the primary caregiver of a minor child or children and you are unmarried, then you may be eligible for child maintenance payments from the other parent.

The Child Maintenance Act applies to parents who:

• • were never married;

• • unmarried with children born before 1 February 2005;

• • married but subsequently divorced before 1 July 2008; and

• • married couples who have conducted an antenuptial contract with a Maintenance Agreement.

Child maintenance is not applicable for legally adopted children, if both the adopted parents are alive and well. It also does not apply if one parent has been proven unfit to take care of his/her rights in terms of support and responsibility due to not having seen or heard from them in years. In this case, it would be taken up by the courts.

Who Is Responsible for Paying Child Maintenance?

Under the South African Maintenance Act 99 of 1998, the primary breadwinner is primarily responsible for paying child maintenance. This applies when the parent or guardian has sufficient means to support their children financially and is able to do so.

However, it must be noted that there are many different factors at play when considering who will bear the burden of child maintenance payments.

• • Marriage Status

• • Child maintenance payments are normally required in cases where parents are not married (including common-law marriages). In such cases, the non-custodial parent will usually be ordered by a court to pay for their children’s needs.

• • Unmarried Parents with joint custody

• • When parents are unmarried but share joint custody of a child, both parents may be ordered by a court to pay for their children’s needs. The amount paid by each parent can vary depending on their respective incomes and other factors such as work hours and living expenses.

• • Grandparents and Other Relatives

Grandparents or other close relatives may sometimes be held responsible for paying child maintenance if they have sufficient means to do so. This responsibility may also apply if the primary breadwinner is unable or unwilling to pay maintenance due to legal issues or financial hardship.

How to Apply for a Child Maintenance Order in South Africa

Applying for a child maintenance order in South Africa is a relatively straightforward process. The main steps involved are as follows:

Prepare your application: You will need to complete and submit the appropriate forms to the court, which can be acquired from the courts or from Otrebski attorneys who deal with Family Law matters.

Submit your application: Once you have completed your application, you will need to submit it to the court along with any supporting documents and evidence necessary to support your claim, such as birth certificates and marriage contracts.

Attend hearings: After submitting your application, you may be required to attend court for a hearing or two. During this time, you will present your case and argue why a child maintenance order should be granted in your favor.

Wait for an outcome: Once all necessary evidence has been presented, the court will make a decision on whether or not to grant a child maintenance order in your favor. This decision should come within 30 days of submitting your application, but can take up to 90 days depending on the complexity of the case.

Commonly Asked Questions on Child Maintenance

When it comes to child maintenance in South Africa, there can be many questions. If you’re thinking about child maintenance payments in the country, here are a few of the most commonly asked questions:

How Much Do I Have to Pay?

Child maintenance payments are calculated based on your salary and any additional sources of income. Your final payment amount will also take into account factors such as the cost of living and other financial commitments.

How Do I Make Payments?

In South Africa, you can make your payments via cash, check or bank transfer. You can also choose to set up a recurring payment each month so that you never miss a deadline.

Are Child Maintenance Payments Tax Deductible?

Yes, you may be eligible for tax deductions when you pay child maintenance. It’s important to talk to a tax advisor if you’re unsure about what deductions may apply to you.

When Do I Have To Pay?

You will typically have to make your payments on or before the 1st of every month. Failure to do so could result in late fees and additional charges.

By understanding the basics about child maintenance payments in South Africa, you’ll be better able to make decisions about your financial obligations and ensure your children’s needs are met.

Resources and Support Available for Parents With Child Maintenance

As a parent, you may feel overwhelmed by the responsibility of child maintenance—but luckily, you’re not alone. There are a variety of resources and support available to South African parents looking for assistance with their child-maintenance obligations.

Resources

South Africa has created a variety of ways in which parents can get support for their child maintenance payments, including:

The Maintenance Court—a free governmental service available to all South Africans that helps resolve disputes and assist with the enforcement of court orders

Financial Aid programs such as grant or loan opportunities for those in need

Non-profit organizations such as Childline SA and the South African Council for Social Service Professionals (SACSSP) who provide counseling services and legal advice on matters related to child maintenance

Support

The Department of Justice in South Africa offers additional support to those in need, with programs such as the Maintenance Action Plan (MAP), which provides one-on-one assistance with creating a plan towards meeting your child maintenance obligations. The MAP also serves as an avenue to access alternative or additional financial resources.

In addition, the Office of the Family Advocate provides mediation services so that families can reach an agreement on issues regarding parenting plans and living arrangements without going to court.

With all these options available, you don’t have to face your child maintenance challenges alone.

Conclusion

When it comes to child maintenance in South Africa, it’s important to remember that the primary objective of the Maintenance Act is to ensure that children are adequately cared for. When it comes to making a maintenance order, the court will take into consideration the financial ability of both parents, as well as the best interests of the child. The child, parent or guardian of a child, or any other person can apply for a maintenance order and the court will then decide who should bear the responsibility of the maintenance order. With regards to any maintenance order, it is up to the court to take into consideration all relevant factors in determining the level of maintenance to be paid. It is also important to note that any maintenance order is subject to change or review should circumstances warrant it.