Child Maintenance Agreement South Africa

Child maintenance in South Africa is a matter of legal interest. The law recognizes that children under the age of 18 must be assisted by their biological parents, whether married or not, separated or divorced. Non-custody of minors is punishable. First, it is necessary to identify the adequate needs of the child and then take into account the affordability of each parent. Yes, a parent has the right to challenge a support order. To cast the legal stone, a notice of appeal must be given to the pension court officer of the province in which the order was originally made. Of course, the other parent must be alerted on this point and he must receive a notification within 20 days of the notification from the administrator. The cases currently concerning spousal support are brought forward by women. The same would apply to the ex-husband who asks his ex-wife for alimony.

Neither spouse is automatically entitled to a spousal pension in the event of divorce. See related resource: How to calculate child maintenance. When a child has reached the age of 18, which is the legal age of majority under South African law, a parent cannot claim child support. The child, in his or her personal capacity, should bring an action against that parent before the competent maintenance court in the territory where the child resides. Legal note: A child over the age of 18 may be obliged to apply for child support outside of primary care. The maintenance obligation of a parent does not end when the child reaches a certain age, but when the child carries himself. A child is generally considered a self-carrier when they start working, but there are cases where continued help is needed depending on the child`s help needs. For example, if the child is mentally or physically disabled. Both parents are required to support the child on a pro rata basis, i.e. in proportion to their respective incomes. A parent`s duty to help their child stems from law enforcement. What is “appropriate” depends on the circumstances of each child and the family, and the factors to be considered are the standard of living of the family, the health of the child, the income of the parents and the cost of living.

A special maintenance court. Each district court is a maintenance court. Below are the support forms that must be completed when you apply for child support in the judge`s office.

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