FAMILY LAW WATCH: WHAT YOU NEED TO KNOW WHEN A CHILD MAINTENANCE CASE IS AGAINST YOU
The amount payable for child maintenance must be fair and reasonable.
Firstly, the amount payable for child maintenance should be fair, reasonable and according to the parent’s respectable means.
As a parent, you must constantly maintain your children. When a child maintenance is against you at the Maintenance Court, show proof that you are providing for your children.
The parent bringing a case for child maintenance (Applicant) must show or prove that the amount required for child maintenance is justified. The amount the Applicant is claiming must be realistic.
The five basics for child maintenance
There are five basics for claiming child maintenance: food, shelter, education, clothing, and healthcare. Any other item would be considered in terms of the parent’s financial means.
As a parent who maintains the children but is not a primary caregiver, you should keep a spreadsheet of all your children expenses, and know how much you spend and on what.
The court looks at the expenses. The calculations need to be correct.
The expenses in the house where the children live, must be split among other people who live by the house. The Respondent should not buy food or electricity for other people except the children in case the children live not only with the Applicant but with other relatives.
As a Respondent, when presenting or stating the amount you can afford and believe it is reasonable to maintain the children, provide that the amount you are offering caters to the five basic needs of the children mentioned above and that you believe the amount is fair and reasonable.
Children should be kept to the standard of living they are used to, but there should be a compromise as the one parent may have another household to maintain because of a separation or divorce.
Mediation between both Parents
The Maintenance Court usually first conduct a mediation between both parents, aimed at trying to get both parent to agree on the child maintenance amount.
The Maintenance Court first determines the financial means of both parties, asks how much parents can afford to contribute towards child maintenance without conducting a proper financial inquiry, and they will ask the Applicant whether the Applicant is prepared to accept the suggested amount.
Financial Enquiry by the Maintenance Court
If the Applicant does not accept your presented amount for child maintenance, then the Maintenance Court will insist on a proper financial inquiry.
After the financial inquiry, the Maintenance Court will rule based on all the information before it.
If the Maintenance Court believes the amount is fair, reasonable, and in the best interest of the children, then you will sign a document that says you both agree on the child maintenance amount.
After all the expenses have been considered, the court will consider both of your net incomes.
If the Respondent earns twice as the Applicant, the child maintenance contribution will be proportionate to your income rather than equally.
Mokhabela and Mposula Attorneys will assist you in any child maintenance matter , contact Lungani Mposula on 072 761 1278 or email lunganim@mmplaw.co.za.