How Does Maintenance Work in South Africa?
What is maintenance in South Africa?
Maintenance is a sum of money that a person must give to another person, such as a juvenile, in order to provide them with housing, food, clothes, education, and medical treatment under the legal obligation to support that person.
What are the types of maintenance in South Africa?
1. Child maintenance
2. Spousal maintenance
3. Cross border maintenance
How does maintenance work in South Africa?
The law, specifically the Children’s Act 38 of 2005, specifies that parents, whether married or not, must contribute financially to their children’s care, upbringing, and growth. All children have the right to maintenance from their parents.
Are adopted children entitled to maintenance from their biological parents?
Adopted children have the right to maintenance from their adoptive parents. They are not, however, permitted to receive maintenance from their biological parents.
Who can apply for maintenance?
The parents, guardians and/or caregivers of a child can apply for maintenance on behalf of that child.
Who has a duty to pay maintenance?
1. Biological parents, whether married or not, living together, separated or divorced and parents of adopted children.
2. The biological grandparents if the child’s parents can’t pay or are dead.
3. Adoptive grandparents of the child
Where can I apply for maintenance in South Africa?
Apply for child maintenance at the nearby magistrates’ court.
What documents are required for the maintenance application?
- Birth certificate of your child/children.
- Your identity document.
- Proof of residence.
- A divorce settlement.
- Proof of your monthly income and expenses.
- The personal details of the parent required to pay maintenance such as their name, surname physical and work address.
- Copy of your 3-month bank statement.
What happens if you don’t pay maintenance in South Africa?
According to South Africa’s Maintenance Act, anyone who fails to pay maintenance in accordance with a court order is guilty of a criminal offence and faces a fine or imprisonment for up to one year.
Can a maintenance order be disputed?
