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 the parent has chosen or neglected to make the maintenance payment, the amount in arrears will be subtracted from the salary of the parent who should be coughing up. Courts can also allow for claims against policies such as pension funds, or they could even incur a criminal charge.
If the parent in child support and maintenance arrears really cannot afford to pay the money that they owe, this may be seen as an acceptable defence. However, if money was lost through gambling, if the parent is unwilling to work, or if the arrears occurs due to any misconduct, the excuse of inability to pay will not be valid. In other words, the parent can be convicted if he or she has caused their own financial demise and can’t afford to pay for child support as a result.
The parent who owes child support or maintenance money may plead poverty as a result of having a new family to support. However, the court will not usually accept this as a valid defence because the parent in arrears would have incurred the expenses of the maintenance order before they had a new family to support. The parent may apply to have the child support amount reduced, but will still be liable for the full amount until the court has made a decision.
What can I do about child support and maintenance arrears?
If the parent refuses or fails to pay maintenance the matter can be taken to the magistrate’s court, which deals with issues of child support and maintenance. Your first step you should take if the parent of your child in in arrears with their child support payment is to lay an official complaint at the magistrate’s court. The magistrate’s court has a maintenance officer who deals specifically with child support issues at no cost and will help you to lay your official complaint.
Will I need a lawyer?
Because the maintenance court procedures are relatively simple, it is unlikely that you will need to hire a lawyer. It is the duty of the state to bear the cost of insuring that maintenance is paid to those needing the support but if you choose to make use of a lawyer, you will be liable to pay for his or her services.
What do I need to lay a complaint?
The maintenance officer will need some documents and other information to process your formal complaint against a parent in child support and maintenance arrears. If you plan on visiting a maintenance officer, you should bring with you:
- Your child or children’s birth certificate/s.
- Your identity document .
- You should bring documents to prove the living expenses of both yourself and your child or children. These could include groceries, transport costs, rent, school fees, and medical bills.
- A payslip or bank statement to indicate how much you earn.
- You will need details of the parent in arrears, such as their name and other details such as place of work, address, income, property, and occupation. The maintenance officer may also need a recent photograph of the parent in arrears.