What is child maintenance or child support?
Child maintenance is the parent’s obligation to provide his biological or adoptive children with housing, food, clothing, education, and even medical care or at least contribute to his/her children’s living expenses.
How is child maintenance granted?
The court will consider the following factors in adjudicating child maintenance matters, namely the need of the children to be maintained as well as the financial ability of such the parent to contribute towards the maintenance of the children.
Child maintenance is usually granted during divorce proceedings or by application to the maintenance court but may also be granted as a form of interim relief in domestic violence matters.
The common law obligation by parents to maintain their children has been bolstered by the provisions of the Children’s Act 38 of 2005, which clearly states that parents, whether in a relationship or not, must make the necessary financial contributions to the care, upbringing, and development of their children.
In determining the required contributions, the court will consider the needs of the children, as well as their standard of living, and both parents will then contribute to the maintenance of the children according to their financial means. It is important to note that both parents are obliged to contribute to the maintenance of the children and not just the father.
Parents are obliged to maintain their children until such time that they are self-supporting and the obligation to maintain children does not come to an end when the children attain the age of majority. Parents who believe that children are self-supporting should approach the maintenance court and apply for the discharge of the maintenance order rather than terminate maintenance payments of their own accord. Responsible parents are reminded that failure to pay maintenance constitutes a criminal offense.
Child maintenance can be increased or reduced from time to time by following the prescribed maintenance court procedure.
