Fathers have rights in terms of child maintenance in South Africa. So if you are a father and if you are not in a relationship with the mother of your child or children, you should have an understanding of a fathers rights to see his children in terms of the law. What are your rights as a father? The Children’s Act of 2005 deems that both parents have equal rights and responsibilities to their child or children. There are of course, certain exceptions to this rule which are debated upon in court and decided by a judge. As a father, legally you have just as much of a right to see your child or children, and share in the custody of said child or children. What seems to happen in most cases Generally, children of parents who do not live together will spend most of their time with one parent.…

Understanding spousal maintenance law in South Africa is very important. Because divorce and separation is common in today’s world. Many want to know how to claim maintenance payments from a husband or wife or ex-partner. The following looks at these points on spousal maintenance in South Africa: What is spousal maintenance? Spousal maintenance process How much maintenance gets paid? When do payments end? Can payments increase or decrease? This may also interest you: 3 Tips to Get Regular Maintenance Payments from your Ex Many couples separate or get divorced after a few years. So the laws and rules regarding separation and divorce. And the splitting up of the couple’s assets, spousal maintenance law and child maintenance law are important. It is essential that everything is handled fairly and that all factors and circumstances are taken into consideration. What is spousal maintenance in South Africa? Spousal maintenance is the duty by…

As today’s economy takes its toll on people around the world, what happens if you can’t afford child support? Although many parents fail to meet payments for selfish reasons, not all parents default on child maintenance payments because they feel spiteful or have neglected their children; some simply do not have the money available to pay on time. For example, what happens if you lose your job or become disabled and are no longer able to work? According to a census conducted in the United States, only 45.3% of custodial parents were paid the full amount of child maintenance owing to them. This means that there are a great number of non-custodial parents who find themselves unable to pay the full child support amount required of them, some with valid reasons for not being able to do so. So, what happens if you can’t afford child support? The first thing…

When does child maintenance stop in South Africa? At what age does a Father or Mother no longer have to pay maintenance for children? These are questions that both Fathers and Mothers want to know. Because in South Africa law a child becomes an adult at age 18. Both parents must provide maintenance for children in the following circumstances: If the parents are separated or divorced The parents are married to each other and the child is born in wedlock Or they are living together and the child is born out of wedlock They are not living together and the child is born out of wedlock If the child is adopted So when does child maintenance stop in South Africa? Contrary to what some people may think, maintenance obligation doesn’t end when a child turns 18. Rather, common law states that a parents responsible for supporting a child until such…

Being in child support and maintenance arrears is no laughing matter, as these missing these payments can have a significant effect on the lifestyle of your child or children. Maintenance should be paid into the claimant’s account or to the maintenance official on a regular basis until the child becomes independent. The amount of maintenance owed depends on the income of the parent who is paying, the needs of the claimant, and the standard of living that the claimant is accustomed to.   What does it mean to be in arrears? Being in arrears is the legal term for overdue debt on one or more required payments. This term is often applied to missed child support payments. If a parent has defaulted on maintenance payments because they are unable to pay, the maintenance money that is in arrears must be paid as soon as the parent is able to. If…

Child support laws in South Africa can be intricate. So they are often best for those who know the legal system like maintenance lawyers. However if you are looking for a general overview of how child support laws work then here is a brief explanation for you. If the mother of the children or child has custody then it is the duty of the father to pay the mother child maintenance payments and vice versa. What Does Child Support Cover? In South Africa child support covers: Food for a child Clothing and shoes A place to live Education and schooling Medical expenses for a child It is imperative that if you do have children and you are no longer with the other parent of the child there are things that you need to know. Firstly it is the duty of both parents to look after children. In the way in…

What is the average monthly child support payment in South Africa? And how do you claim support payments? The amount to pay for child maintenance each month is entirely dependent on the income of both the Father and Mother. Along with a number of other factors. We explore this in a bit more detail below. How do they Calculate Child Maintenance in South Africa? There are a number of factors to calculate how much money to pay in terms of maintenance in South Africa. Some of these factors include: The standard that the child or children was accustomed to whilst their parents were married or lived together The earning capacity of the parents The assets of the parents The first factor is important as many parents neglect to pay for their child support payments. Therefore their children have to suffer as a result of it. It is also important to…