CHILD MAINTENANCE LAWYERS IN CAPE TOWN AND JOHANNESBURG
– How much child maintenance should be paid? –
CHILD MAINTENANCE IN SOUTH AFRICA
Child maintenance is an ongoing, periodic payment made by a parent for the financial benefit of a child following the end of a marriage or other similar relationship. Child maintenance is paid directly or indirectly by an obligor to an obligee for the care and support of children of a relationship that has been terminated or, in some cases, never existed. The obligee is typically a custodial parent, a caregiver, or a guardian. Often the obligor is a non-custodial parent.
Depending on the jurisdiction, a custodial parent may pay child support to a non-custodial parent. Typically, one has the same duty to pay child support irrespective of sex, so a mother must pay support to a father just as a father must pay a mother. In some jurisdictions where there is joint custody, the child is considered to have two custodial parents and no non-custodial parents, and a custodial parent with a higher income (obligor) may be required to pay the other custodial parent (obligee). In other jurisdictions, and even with legally shared residence, unless they can prove precisely equal contributions, one parent will be deemed the non-resident parent for child support and will have to pay the other parent a proportion of their income; the “resident” parent’s income or needs are not assessed.
Child support is often arranged as part of a divorce, marital separation, annulment, determination of parentage or dissolution of a civil union and may supplement alimony (spousal support) arrangements.
WHO QUALIFIES FOR CHILD MAINTENANCE
Child maintenance is typically awarded to a parent with primary physical custody of a child. The parent who does not have primary physical custody, typically the non-custodial parent, is responsible for paying child maintenance to the custodial parent. Both parents have a legal responsibility to support their child financially, and the court determines the amount of child maintenance based on the child’s needs and the financial means of both parents.
WHO CAN APPLY FOR CHILD MAINTENANCE?
A parent or a legal guardian can apply for child maintenance. Child maintenance is the financial support one parent provides to the other for the care, welfare and upbringing of their child/ren.
The parent or legal guardian with primary care and control of the child is typically the one who applies for child maintenance. However, the parent or legal guardian who does not have primary care and management of the child can also apply for child maintenance if they are financially responsible.
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Contact Julies Attorneys for legal advice on the specific circumstances of your child maintenance case.