Child Support
2007/02/08
Child Support
With staggering statistics in South Africa of an ever increasing number of single parents it is in the best interests of a people to understand what their rights are and what the rights of the children are.
The Applicant seeking maintenance would have to approach the nearest Magistrate Court. Inside the Magistrate Court, they should ask the information desk to direct them to the Maintenance Court. Once there, they will speak to the Maintenance Officer who will assist in completing an application form for maintenance. Once this as been done, the form is sent to the father/mother who is required to pay maintenance, who thereafter has to appear in Court (together with the legal guardian) on the date stipulated on the form.
On the court date, the parent required to pay maintenance has to submit income and expenditure accounts (e.g. payslip, bank statement and receipts for all his expenses) so that the court can determine whether they are able to afford to pay the amount requested.
The legal guardian will have to work out what the monthly expenses of supporting the child are (e.g. food, clothes, school fees, medical bills etc) and that amount is what they will claim in the application form. However, it is important to remember that whatever amount is requests on the application form, will be split between both parents.
Illustration: If a monthly maintenance of R1000 is requested, practically speaking, both parents will be obligated to pay R500.
Unfortunately, the parent is only obligated to pay the amount as from the time when the maintenance court makes the maintenance order formally, so the legal guardian cannot claim for the maintenance predating the maintenance order.
Another important factor to note is that it is possible to go back to maintenance court to make an application for an increase whenever the needs or expenses of the child are required to be increased. Children do not remain young and as they grow, their needs also increase and therefore a demand for increased maintenance would manifest.
Maintenance can be claimed up to an age that the child is able to support themselves. However it is to be noted that generally a child becomes an adult at age 21, which means that maintenance would generally stop at age 21 unless the child is still at school or a tertiary institution or does not have an income to support them.
It is important to note also that a person cannot expect to be maintained by their parents indefinitely. Therefore, the court uses its discretion after looking at all angles of evidence presented by the applicant and then decides whether they are still legible for maintenance or not.
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