What is the maintenance law in South Africa?
What is maintenance, and who has the duty to pay maintenance? The law, specifically the Children’s Act 38 of 2005, states that parents, whether in a relationship or not, must make necessary financial contributions to the care, upbringing and development of their children.
How much maintenance must a father pay in South Africa?
In our law there is no set amount that a parent should pay for maintenance in respect of their child, and each case is decided based on the situation of the specific family. The generally accepted principle is that each parent is obliged to maintain his/her child, pro rata in accordance with his/her means.
How is maintenance calculated in 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 is spousal maintenance in South Africa?
WHAT IS SPOUSAL MAINTENANCE? Spousal Maintenance is different from child maintenance in that it is paid by one spouse to the other spouse following a divorce. It is a general principle of law that neither spouse has a right to spousal maintenance upon divorce.
Can a father refuse to pay maintenance?
A parent may not withhold payment of maintenance if he or she is not allowed by the other parent to exercise his/her right of access to a child. The flip side of the coin is that a parent may not refuse the other parent access to a child when the latter does not contribute towards the maintenance of that child.
How do you win a maintenance case?
5 Steps To Win The Interim Maintenance
- Capable of working ( Add the info past and present job details )
- Well Qualified ( add the info of her education )
- Prima Face Case.
- Approach the Court with Unclean Hand.
- Deserted to Husband without sufficient cause.
How do they calculate child maintenance?
On the basic rate, if you’re paying for:
- 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.
How do I calculate child maintenance?
In the below example, each child will be allocated 25% percent of the total expense shared by the three members of the household. 25% for Child 1 + 25% for Child 2 + 50% for Adult = 100% of household expense.
How do you calculate spousal maintenance?
When it comes to calculating spousal maintenance, there is no set formula to follow – unlike child maintenance. Usually, the amount to be paid is determined by the couple or by the court after considering the circumstances. The court will decide both the amount to be paid and the length of time.
How much is maintenance for a wife without divorce?
1. it is 25% if your income. Since she is earning then she is not entitled to anything nor for the son when he attains 18 years of age.
Do I have to pay maintenance if I don’t see my child?
If you’re the child’s parent, you have to pay maintenance even if you don’t see them. Paying maintenance doesn’t mean you have a right to see the child. If you’d like to see them, you should first try to agree with the person who’s looking after them.