Just for Dads
<p><b>All you need to know about child maintenance</b></p>
<p><b>The law is on your side</b><br />Raising a child requires time, nurturing, love, and most importantly, steady finances. Life often throws us obstacles and hurdles, and where what was once a family unit may have turned into you and your partner going your separate ways.</p>
<p><br />While you both equally still have to provide the basic needs for your child like shelter, food, clothing, education, and medical care, it's your legal duty to maintain that, called "the duty to maintain" or "the duty to support".</p>
<p><br />The responsibility for your child's wellbeing shouldn't change simply because you're no longer in a relationship.</p>
<p><br /><b>Who provides maintenance?</b><br />The duty to maintain is based on blood relationship, adoption, or if the parties are married to each other.</p>
<p><br />A child must be supported or maintained by:<br />• His or her parents, whether married, living together, separated, or divorced, including parents who have adopted the child.<br />• Any person who's responsible for raising the child like a legal guardian, adoptive parents, and grandparents of the child.<br />• The biological grandparents may need to pay maintenance if the child's parents can't pay.</p>
<p><br /><b>How is the maintenance order determined?</b><br />Parents are required to pay maintenance until a child is self-supporting. If you don’t know the whereabouts of your child's other parent, maintenance investigators can trace them and determine their financial capabilities.</p>
<p><br />The court determines how much a child needs. If maintenance isn't paid, the court can take the money from the maintenance payer's salary, their investment account, auction their property or issue a warrant of arrest. The maintenance amount can increase or decrease depending on the financial circumstances.</p>
<p><br /><b>Child maintenance procedure in South Africa</b><br />Visit the nearest magistrates' court to apply and take the following documents:<br />• Birth certificate of your child/children.<br />• Your identity documents.<br />• Proof of residence.<br />• A divorce settlement (if applicable).<br />• Proof of your monthly income and expenses.<br />• The personal details of the parent required to pay maintenance like their name, surname, physical and work address.<br />• Copy of your three-month bank statement.</p>
<p><br /><b>What happens next?</b><br />• A maintenance clerk will submit your forms to the maintenance office for review and registration.<br />• Submit proof of your monthly income and expenses such as receipts for food purchases and electricity/rent bills along with your completed form.<br />• You'll then receive a reference number.<br />• The court will serve a summons (a letter instructing the other parent to come to court) on the respondent (the parent or guardian who should pay maintenance) to appear in court on a specific date to discuss the matter.<br />• The magistrate will review the relevant documentation. They will then make an order and may decide to do so without requiring the parties to appear in court.<br />• If the responsible person doesn't consent to the issuance of an order, they must appear in court, where evidence from both parties and their witnesses will be heard.<br />• If the court finds the person liable for paying maintenance, payments must be made. It's a criminal offence not to pay.</p>
<p><br /><b>What happens if a parent defaults child maintenance payment?</b><br />According to the Maintenance Amendment Act, parents who default on their maintenance order can be held liable by:</p>
<p><br />• Being blacklisted at credit bureaus.<br />• Having their property or salary attached.<br />• Having interest added to their maintenance arrears or if the parent who's liable for maintenance can't be reached, the court can issue an order to a cellphone service provider to provide the court with their contact details.<br />• Being jailed for a period of up to three years.<br />• Being imprisoned with the option of paying a fine.</p>
<p><br />As parents who are no longer together, putting your differences aside should be the number one priority, to help your children's present and future. Every child deserves a chance to live comfortably.</p>
