Quick Answer: What Does South African Law Say About Child Maintenance?

How much should a father pay for child maintenance?

One child, you’ll pay 12% of your gross weekly income.

Two children, you’ll pay 16% of your gross weekly income.

Three or more children, you’ll pay 19% of your gross weekly income..

What rights does a father have in South Africa?

According to the Children’s Act of South Africa (38 of 2005), even after a divorce, the biological father of a child still has full parental rights to his child/ ren, unless a court orders otherwise. While married fathers have these rights automatically, unmarried fathers do not.

What rights do a father have to his child?

Pursuant to the Children’s Law Reform Act, both parents are equally entitled to custody of the child. … Whether the parent has been involved in the child’s care and upbringing. The ability and willingness of the parents to provide the child with guidance and education, the necessities of life and any special needs.

Can child maintenance be backdated?

Paying child maintenance during a disagreement When the amount has not been worked out, the service managing the case will not work it out or ask for payment until the disagreement has been sorted out. If the person is found to be the parent, the amount of child maintenance they have to pay will be back-dated.

Does child support end on 18th birthday?

Normally child support stops when your child turns 18. If your child’s in secondary study, you can apply to extend it to the end of the school year.

Can a parent sue a child for maintenance in South Africa?

A parent who claims support from a child must prove his/her need and the child’s ability to support. … In the case that a parent is of the view that there is a duty to be supported by his/her child a complaint should be instituted in the Maintenance Court as per Section 6 of the Maintenance Act 99 of 1998.

How much child maintenance should a father pay South Africa?

So for example, if it is decided that the monthly costs of the child are R6 000, and parent A earns R20 000 per month, and parent B earns R40 000 per month, parent A will have to pay one-third of the child’s costs (R2 000) each month, and parent B will pay two-thirds (R4 000) per month.

What age do you stop paying maintenance for a child in South Africa?

18 yearsIn South Africa, a parent’s duty to support a child does not cease when the child reaches the age of majority (18 years) but usually ceases when the child becomes self-supporting.

How is maintenance calculated South Africa?

How do you calculate maintenance? Upkeep is calculated by taking into consideration the kid(s) monthly expenses and the earnings of the person supposed to pay towards child support.

What does child maintenance cover South Africa?

According to legislation, a child is entitled to reasonable maintenance to provide for clothing, housing, dental and medical care, education and training, and recreation (where applicable). Both parents have a duty to maintain the child according to their respective means.

How can I avoid paying child maintenance?

How ex-partners avoid paying child maintenanceCreating complex financial arrangements that are hard to keep track of due to self-employment.Putting a businesses in another name to distort personal wealth.Opening a limited company to make money unavailable.Reopening a case with the CMS after a legal agreement was already reached in court.

Why do I pay child support with 50 50 custody?

Child Support in 50/50 Custody Arrangements A court can consider the income and earning potential of both parents and order the spouse with the higher income to pay child support. … If that parent earns significantly more than the other parent, it may be necessary to require that parent to pitch in more, financially.

How do you enforce a maintenance order?

Enforcing a Maintenance OrderGo to the maintenance office and complain. … The maintenance office records each time the other parent pays. … If the other parent is employed and failed to pay maintenance, you must ask the court to make an order to get the maintenance directly from their employer.More items…•

Sometimes, parents are required by Court orders to pay child maintenance to children who have become adults even though they may have already completed their secondary education and have a degree of independence.

How do they calculate child maintenance in South Africa?

In order to claim for maintenance, you must first determine the reasonable needs of the child on a monthly basis. There is no hard and fast rule, but generally the child’s share of the common expenses in the household is determined by allocating one-part per child and two-parts per adult or older child.

How much is the basic rate of child maintenance in South Africa?

Scenario B – Child Maintenance The monthly costs of this child are about R 25 000 – 00 per month. Should the parents separate, a claim for maintenance could easily be in the region of R 15 000 – 00.

Can you refuse to pay CSA?

The Child Support Agency (CSA) or Child Maintenance Service (CMS) have the powers to deduct arrears and ongoing payments straight from your earnings or bank account. They have a wide range of other legal powers and as a last resort you can be imprisoned if you refuse to pay.

Do I have to pay child maintenance if my ex remarries?

But any obligation to pay maintenance to the ex-wife will cease if she remarries, or in some cases, cohabits. If a father moves in with a new partner, and the new partner has children from a previous relationship who live with them, he may have to pay less child maintenance to his own children.

At what age can a child decide which parent to live with in South Africa 2019?

Answer: There is no set age in South African Law where a child under 18 can make a decision.

Do unmarried parents have equal rights?

What legal rights do unmarried parents have? Children have the right to a relationship with both of their parents. However, if unmarried couples decide to separate, the father may have different rights to those of the child’s mother and a married father.

Can a mother legally keep her child away from the father?

The answer is usually no, a parent cannot stop a child from seeing the other parent unless a court order states otherwise. This question often comes up in the following situations. … The parents have an existing court order, and a parent is violating the court order by interfering with the other parent’s parenting time.