CHILD
MAINTENANCE
Parents have a duty to support their minor children, providing for all their needs. This includes of course their material needs, such as food, clothing, housing, education and medical needs.
All of these needs cost money, and both parents must contribute to the maintenance of the minor children.
It is a common myth that the parents must pay 50/50 towards the maintenance of the minor children. This is false. Each parent must contribute to the needs of the minor children in proportion to their income.
In other words, if the parents earn similar incomes, they must contribute equally towards the upkeep of the minor children. However, if the ex-husband earns twice as much as his ex-wife, he must contribute twice as much of the maintenance for the minor children.
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In calculating the amount of maintenance to be paid for minor children, two factors are considered, namely:
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The reasonable needs (expenses) of the minor children; and
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Whether the parents can afford to pay the maintenance
In calculating the amount of maintenance to be paid by the parents, the court will also consider the standard of living of the family before the divorce.
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Usually, the first step taken to calculate how much maintenance each parent must pay is to make a list of all the minor child’s expenses. Then both parties must provide their payslips or other proof of income to each other. Using this information, it is usually possible to calculate how much maintenance each parent must pay.
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It is important to note the parent's duty to pay maintenance does not end when the children reach 18 years of age. This is another myth. Parents are legally required to support their children until they are self-supporting.
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Interim child maintenance
Where minor children are receiving little or no maintenance before the divorce is granted, the parent having custody of the children (usually the mother) can apply to court for "interim maintenance".
This court application is called a RULE 43 APPLICATION.
This is a relatively quick procedure using affidavits from both parties. In other words, a Rule 43 application does not involve the parties appearing in court and giving oral evidence. In fact, the parties do not even have to be at the hearing. The judge reads the affidavits, listens to the Advocate's arguments and then gives his judgment.
A Rule 43 Application usually takes about one to two months to come to court. However, if it is very urgent the court may agree to hear the case within a week or two.
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Instead of applying for a Rule 43 Application through the High Court or Regional Court, a person may apply for interim maintenance via the Maintenance Court.
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The Maintenance Court
One can also apply for maintenance through the Maintenance Court, whether before or after a divorce. In fact, even when the parties have never been married, they can apply to the Maintenance Court for maintenance.
The downside of applying for maintenance via the Maintenance Court, is that it is a long process, with lots of delays and postponements. It can easily take up to six months or more to finish a case in the Maintenance Court. However, sometimes a party has no other choice than to go to the Maintenance Court.
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Child Maintenance can be confusing and complicated to the man in the street.
During your initial consultation your attorney will explain the ins and outs of child maintenance and answer all your questions - with no obligation on your part.
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