Child Maintenance
Parents have a common law duty to maintain their children in conjunction with their respective means, irrespective of whether the child is born within or outside the institution of marriage. Parents who have or adopted a child or children together, whether married or divorced, cohabiting or separated, are required to financially contribute towards that the maintenance needs of their children. The responsibility to maintain children cannot be shouldered only by the parent who resides with them. Both parents, irrespective of whether they reside with their children, have the joint responsibility to reasonably provide their children with adequate medical care, education, clothing, housing, and shelter.
We have the relevant expertise in all forms of child maintenance law that enables us to assist parents who have been awarded the care and residency of their minor children to claim maintenance contributions from their children’s other parents who are neglecting their responsibilities. For parents who are not married or who are divorced, we have the capacity to assist them to apply for maintenance for their children at maintenance courts near them. For those who are married but engaged in divorce proceeding, we have the capacity to assist them to not only claim for child maintenance post the divorce, but also interim maintenance pending the finalization of divorce proceedings for the children and themselves.
Once the court has ordered any parent to pay maintenance, such maintenance will be paid in accordance with the court order, and where the order stipulates the period of payment, then maintenance will cease on the date stipulated in the order. This is often prejudicial and does not adequately consider the fact that the South African economy is not structured in such a way that children when they reach the age of majority, have the financial means to support themselves. Most children still need parental financial assistance even after attaining the age of majority. We assist dependent children who have reached the age of majority to claim maintenance from their parents, particularly if they want to pursue their education or seek medical assistance.
Unfortunately, there is a culture of defaulting on child maintenance payments in South Africa. We have the capacity to assist our clients where those responsible for paying maintenance have defaulted by approaching the court for an order to deduct arrear and continuous maintenance from the defaulter’s salary or any other source of income through an emolument attachment order. A writ of execution can also be obtained for the defaulter’s movable property to be sold. As a measure of last resort, the defaulter’s pension benefits can be deducted to settle arrear and future child maintenance. Due to the ever-increasing cost of living, there might be a need to adjust the maintenance amount initially granted by the court through an application to court. It is also possible for the financial circumstances of the person who has been ordered to pay maintenance to change to the point that he or she is unable to pay the amount of maintenance initially ordered by the court. We also assist such clients to apply for the reduction of the maintenance amount ordered. It is worth noting that when parents are unable to financially maintain their children, the biological grandparents may be ordered to contribute to the maintenance of such children. Should you require assistance with any maintenance related disputes, feel free to contact us.
