Child Maintenance and the Courts
Nozipho Mvulane
In South Africa, child maintenance is governed by the Maintenance Act 99 of 1998. There are some important provisions and guidelines in the Children’s Act 38 of 2005. Below are some key points regarding the law on child maintenance in South Africa.
Maintenance Obligation
Both parents have a legal duty to support their child financially, regardless of their marital status. This obligation extends to the child’s basic needs, such as food, clothing, housing, medical care, and education.
Maintenance Court
Maintenance matters are usually dealt with by the Maintenance Court, which operates under the jurisdiction of the Magistrate’s Court. These courts are responsible for determining the amount of maintenance to be paid and enforcing maintenance orders.
Calculation of Maintenance
The Maintenance Act does not provide a fixed formula for calculating maintenance. Instead, the court considers various factors, including the financial means of the parents, the needs of the child, the standard of living the child would have enjoyed had the parents remained together, and any other relevant circumstances.
Maintenance Orders
A maintenance order is a legal document issued by the court, specifying the amount of maintenance to be paid by the noncustodial parent. The order may also include provisions for medical aid contributions, school fees, and other necessary expenses.
Variation and Termination of Maintenance Orders
Maintenance orders can be varied or terminated if there is a change in circumstances. For example, if the financial situation of either parent changes significantly, they can apply to the court to have the maintenance order adjusted accordingly.
Enforcement of Maintenance Orders
If the noncustodial parent fails to comply with a maintenance order, the custodial parent can seek enforcement through the Maintenance Court. Various measures can be taken to enforce payment, including garnishing wages, seizing assets, or imposing penalties such as fines or imprisonment.
Paternity Disputes
If there is a dispute regarding paternity, either parent can request a DNA test to establish or refute biological parentage. The court may order a DNA test if there is sufficient reason to doubt the paternity of the child.
It’s important to note that the information provided here is a general overview and may not cover every specific aspect of child maintenance law in South Africa. If you require detailed legal advice or have specific questions regarding child maintenance, it’s recommended to consult with a qualified family law attorney or seek assistance from a legal professional specializing in family law matters.
For further information of any of your Labour Law needs, please contact Rajaram Mvulane Attorneys at info@rajarammvulane.co.za or on 073 2777 973.
Article Disclaimer
This article is not intended to provide legal advice. This article is a general information sheet and should not be used or relied on as legal or other professional advice. This article is based on research regarding laws and may be subject to change. No liability can be accepted for any errors or omissions nor any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice. Errors and omissions excepted (E&O
