Child maintenance in South Africa is a legal obligation for parents to financially support their children. This guide breaks down the key aspects, including who can apply, how amounts are determined, and what happens if payments are missed.
Who Can Apply?
Typically, the parent or guardian who has primary care of the child can apply for maintenance. This includes biological parents, adoptive parents, and sometimes even grandparents or other caregivers.
How is Maintenance Calculated?
The amount of maintenance is determined based on the needs of the child and the financial capabilities of both parents. The court considers various factors such as food, clothing, accommodation, education, and medical expenses. Both parents are expected to contribute proportionally to their income.
What if Payments are Missed?
If a parent fails to pay maintenance, there are legal avenues to enforce the order, including garnishee orders on salaries, attachment of property, or even criminal charges in severe cases.
It’s crucial to seek legal advice if you are involved in a maintenance dispute to ensure the best outcome for the child.