The South African government has a legal obligation to provide financial and material support to all children living under the age of 18. This is called child support. The law was enacted in order to protect children from being left destitute after their parents’ separation or divorce, or from being taken advantage of by other family members who may have an interest in the child’s property.
How does the Act define child support?
Child support is a legal obligation, which means it’s not optional. You may opt out of paying child support but only if you have a good reason. You can also apply for a reduced amount or even exempt your children from paying anything at all if they are over 18 years old and don’t live with you anymore (this is called “exemption”).
Child support obligations are financial in nature only and cannot be avoided by simply saying any when asked by the court to pay them. In fact, there are penalties for refusing to pay child support – so make sure that any agreement with your ex-partner is worthwhile!
How does child care work in South Africa?
As the parent responsible for providing food, accommodation and clothing to your child, you are also responsible for their upbringing and welfare. You must ensure that they receive an education up to a certain level in order to qualify as an adult. If they don’t go to school or get any formal training beyond high school when they’re older, then it’s likely that you’ll be liable for paying their tuition fees once they turn 18 years old (or when their parents’ rights over them expire).
In addition to this financial burden—which can include paying for tutors or other educational expenses—you’ll also have other responsibilities when it comes time for caring for your children: if one parent wants custody of one child while another wants custody of another; if there are special needs such as disabilities requiring extra attention from daycare centers; etcetera…
Who is responsible for child upkeep in Mzansi?
South African law recognizes that children below the age of 18 years are to be looked after by their biological parents.
The law also states that if a child’s parent is unable or unwilling to provide support, then they must seek out social services for assistance.
Parents who have separated and do not want custody of their children can apply for a court order requiring them to pay maintenance or support payments until the child turns 18 years old. If no agreement can be reached between the two parties, then it will fall upon the state to make decisions regarding parental rights over minors – this means that if one parent wants custody but cannot afford it (for example because they earn too little), then there is nothing preventing them from getting help from social services such as Children’s Aid Societies (CAS) which provide financial aid in cases where money is needed urgently due to illness etcetera.”
What are the different types of child maintenance orders in Mzansi?
There are different types of child maintenance orders in Mzansi.
- A court order is a legal document that gives the custodian of children the right to receive financial support from their parents or guardians.
- A voluntary agreement is an agreement between two people who want to deal with their issues and make things better, without having to go through court procedures. This can be done by agreeing on how much money each person will give towards child support and other expenses related to raising children, like school fees and health insurance premiums for example.
The foreign order (or FCO) refers specifically here because it allows non-custodians who are not South African citizens residing here at present time but plan on moving back home within five years’ time after leaving their current countries’ borders temporarily due to work opportunities abroad – so long as they meet certain requirements set forth by law –
What is a foreign maintenance order?
A foreign maintenance order is an order made by the court of another country, which is enforceable in South Africa. The foreign maintenance order can be enforced in South Africa if it has been made by a court of competent jurisdiction. The foreign maintenance order must be in writing and signed by the person who issued it (the alleged payor).
How do I cancel my maintenance order?
You can cancel your maintenance order at any time. This means that you and the other parent agree to end it, or if one of the parents doesn’t pay regularly enough and hasn’t done so in a year.
If you want to cancel your maintenance order, there are two ways:
- You and the other parent can agree that it should be cancelled;
- If neither of these options work out (for example because there isn’t enough money available) then South Africa’s Department of Home Affairs will make an official application on behalf of both parties
Which SA court handles child support cases?
The maintenance court is the same as the family law court. This means that it deals with all kinds of matters relating to marriage, divorce and paternity cases.
The maintenance order that you make will be enforced by South Africa’s social security department (SSD), who will pay your ex-partner a monthly stipend until their youngest child reaches the age of 18 or graduates from school.
Does the father have to pay if DNA tests show he isn’t the father?
You will have to pay if DNA tests show that you are not the father of your child. You can also be ordered by the court to pay if there is no living parent who can provide for your child, or if it’s in the best interests of your child that one parent should assume responsibility for financially supporting him or her.
In South Africa, if a woman is married but has been separated from her husband for a year or more and they do not want their relationship to end, they may apply for an order making it possible for them both to live together without having any legal rights over each other (called “common law”). The court will decide whether this arrangement would be beneficial both financially and emotionally – but generally speaking this means giving up all rights over property owned before marriage (including being able). If neither party wants this solution then they needn’t apply; however, if either party believes that this option would work well then he/she must tell his lawyer immediately so as not miss out on its benefits!
