How To File for Maintenance In South Africa
A child has a legal right to reasonable maintenance, which covers things like clothing, housing, dental and medical care, and education. According to their respective means, both parents are legally required to support their children. Given this, the South African child maintenance system makes sure that all parents fulfill their obligation to maintain their children.
Who is obligated to provide maintenance?
A person who is legally obligated to pay maintenance must provide the other person, in this case, a minor child, with housing, food, clothing, education, and medical care, as well as the means to do so. The “duty to maintain” or “duty to support” refers to this legal obligation.
Whether or not the child’s parents are in compliance with the duty Parents are not married, the child is an adopted child, or the child is the product of a previous or subsequent marriage. A child must typically be maintained and supported by:
his or her biological parents, regardless of whether they are married, cohabiting, divorced, or separated; or his or her grandparents (maternal and paternal), if neither parent is able to care for the child; or
Any person in charge of raising the child, such as the child’s adoptive parents or legal guardian.
Although it is a legal requirement for both parents to provide for the child, the exact amount will depend on how much each parent makes. In determining what is appropriate, a court of law will evaluate the child’s reasonable maintenance needs and compare them to the individual parent’s financial resources.
What must be submitted with a maintenance application?
Proof of employment and mailing address. a list of your expenses, such as your water and electric bills, grocery receipts, education costs, travel and medical expenses, clothing accounts, etc. If you have a maintenance court order against you in another court, provide a copy of the order.
Application Method
You must fill out Form A: Application for Maintenance Order(J101) and submit it to the Magistrate’s Court in the district where you reside in order to bring a maintenance order application. The Maintenance Officer will then review and register the form after it has been submitted by the Maintenance Clerk.
The following paperwork must also be submitted with Form A:
- a copy of your identification document; contact information, including
three months’ worth of bank statements, the full name and evidence of the physical and/or work address of the person who will be paying the maintenance,as well
- as a copy of the divorce decree; certified copies of the child(ren)s’ birth certificates; proof of monthly income (payslip); and expenses, such as receipts for food purchases, electricity bills, or rent; (in the case of divorce).
The Magistrates’ Court will subpoena the Respondent (parent or guardian against whom a maintenance order is sought) to appear before the court on a particular day after providing you with a reference number. The Respondent then has the option to accept responsibility for paying the maintenance as requested or to challenge the claim in court.
If a settlement is reached, the Magistrate will review the paperwork and issue an order. The Respondent must appear in court to present evidence from both parties, typically pertaining to the parties’ financial situations, if an agreement cannot be reached or the Respondent does not agree to the order’s granting. In these sessions, witnesses are accepted as needed.
How much child support must a parent in South Africa pay?
Typically, a minor kid’s share of household costs is determined by distributing one portion to the child and two portions to an adult. A child’s share of a rental payment, for instance, would be R3000 if the monthly rent was R9000.
