29/01/2025
đź’Ľ Maintenance: Your Rights and Responsibilities đź’Ľ
At Murray Fourie & Le Roux, we understand that maintenance can be a complex issue for many families. Here are some crucial questions answered regarding child maintenance in South Africa:
1️ Who has to pay maintenance?Both parents have a duty to financially support their child, as stated in Section 18(2)(d) of the Children’s Act.
2️ Who can apply for maintenance?
The parent with whom the child primarily resides can apply for maintenance from the non-resident parent.
3️ Can I claim maintenance from my child’s grandparents?
Yes, if the non-resident parent cannot pay, you can claim maintenance from the child's grandparents.
4️ How much maintenance must be paid?
There is no set amount. The maintenance amount depends on the child’s needs and the financial capacity of both parents.
5️ What if my child is 18 but still not self-supporting?
If your child is still studying and not employed, maintenance payments must still be made to the resident parent where the child is still not financially independent, according to a recent Supreme Court of Appeal case.
6 Can the maintenance amount change after a court order?
Yes, if there is a change in your financial circumstances, you can apply to have the maintenance amount adjusted.
If you're facing any maintenance challenges, our experienced legal team is here to help you navigate the process. 🏛️ Contact us for expert advice and support!
