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Can I Apply for Child Maintenance in South Africa

Submit your application to the magistrate’s court that is located in the neighborhood where the applicant and the applicant’s child dwell or live. Fill out the necessary application form and deliver it to the maintenance officer together with a statement of income and expenses.

 

What do I need to submit a child maintenance application?

Bring the following paperwork when you go to the neighborhood magistrates court to request child support.

your child’s or children’s birth certificate.

your proof of identity.

Proof of residence.

A divorce settlement.

evidence of your monthly earnings and expenses.

 

The procedure for applying

Your paperwork will be delivered by a maintenance clerk to the maintenance office for evaluation and registration.

Along with your completed form, submit documentation of your monthly income and costs, such as food receipts and electricity/rent bills.

Then, you’ll get a reference number.

The respondent—the parent or guardian who is responsible for paying maintenance—will receive a summons from the court, which is a notice telling someone to appear in court on a particular date.

The magistrate will examine the pertinent records. He or she will then issue an order, and if so, may do so without calling the parties to the witness stand.

If the responsible party declines to allow an order to be issued, they must show up in court where the testimony of both sides’ witnesses will be heard.

Payments must be made if the court rules that the person is responsible for paying maintenance. Not paying is against the law.

 

Who is obligated to provide maintenance?

All parents, including those who have adopted children, whether they are married or not, cohabiting, living apart, or divorced, are responsible for meeting their children’s financial requirements.

If the child’s parents are unable to pay maintenance, the biological grandparents may be required to do so.

Any person who is in charge of raising the child, such as the child’s legal guardian, adoptive parents, or grandparents.

 

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