Child maintenance in South Africa is paid by the parent who does not have primary care of the child to the parent who does. Child maintenance payments are made up of two elements, child support and basic child maintenance, and they are paid over a certain period of time determined in court proceedings when determining how much child maintenance is payable. A parent has to continue to pay child maintenance until their child is 18 years old or when they graduate from high school. This article looks at when you have to stop paying child maintenance in South Africa and what happens if you do not stop paying it when you should have.
Are you eligible for an exemption from paying maintenance?
A party cannot earn more than R6000 per month or R1200 per week.
The non-custodial parent has not been employed for two years or longer.
If any of these conditions are met, then you will not be obligated to pay maintenance.
How do I apply for an exemption from payment of maintenance?
If you cannot work or have a disability, you can apply for an exemption from paying child maintenance. To qualify, you must have a medical certificate stating that your disability prevents you from working and earning enough to support yourself. This exemption only applies when the other parent is working and able to support the children. If they are not working or are earning less than R5 000 per month, they can also apply for this exemption.
What happens if my ex doesn’t pay me the maintenance?
If your ex doesn’t pay the maintenance, you can apply for a court order. If they are unable to pay, the court may order that the government deducts the maintenance from their wages or pays it out of any assets they have. If they refuse to comply with either of these orders, then the court can send them to prison until they agree.
Who pays the attorney’s fees if I get an order?
Attorney’s fees are determined by a judge or magistrate. In most cases, one party will be ordered to pay the other party’s attorney’s fees. If the court cannot determine how much is owed, they may order each party to split the costs.
