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 a few things that you need to know.
Firstly it is the duty of both parents to look after children. In the way in which they were when the parents were together.
This means that should one of the parents become unemployed they cannot let the other take full responsibility of the children. So instead they will have to get a job in order to ensure that the child does not go without.
The overall aim of child support law is to make sure that it does not affect the children caught up in a divorce or a break-up more than it should.
Child Support Laws for Unmarried Parents
Another important thing that many people in this country do not seem to understand is that if a child is born out of wedlock then the child support laws still apply.
The children will be placed with the parent that the courts believe are more financially, emotionally, physically, and mentally stable.
This is the courts way of making sure it does not affect the children’s quality of life. The parent who does not receive custody will be provided with visitation rights. Unless the courts do not feel that this is in the child’s best interest.
The maintenance and child support laws are in place in order to secure the children. Therefore their best interests are put before those of their parents.
How Long do you Pay Child Support in South Africa?
Another question is how long does a parent have to pay child maintenance. And this determined by a number of factors.
One of the most important factors in this regard is the child’s education.
Should a child not be self-supportive whilst in school or whilst at university then you have to pay until the child can support themselves. This is because the child will not be earning an income and therefore cannot pay for their own expenses.
This may also interest you: When does Child Maintenance Stop in South Africa?
The legal minimum age where child support can stop being paid is 16 years old in some countries and 18 in others. However many parents pay until a child is 19 years old. And some even when children are into their twenties. Child support payments can only stop being paid once a child has become self-supportive.
What Happens if you Refuse to Pay Child Maintenance?
If maintenance is not paid by the responsible party then there are ways in which to enforce the payments.
Firstly, you need to report the non-payment to the maintenance court. From here the courts can issue a court order for the offender’s employer. To deduct the payments directly from their salary.
This way you get a guarantee that you will receive the money every month.
A parent who refuses to pay maintenance clearly does not understand the penalties that they could face. For one the courts can seize their assets and sell them in order to raise the funds required.
In some cases jail time could be the consequence. This however does not happen often. Because it results in the offender being unable to get a job due to the fact that they are in prison. Therefore not be able to provide for their child.
Summary
So we have learnt that the child support laws in South Africa are the same for both married and unmarried couples.
Therefore if you were not married when you had your children and you are now separated maintenance payments must still be paid.
If you need more information on the maintenance laws for your specific circumstances then you can speak to a lawyer. You can also visit this website to get more details.
Or you can make use of the free legal advice online for child support laws in South Africa.