How to Claim Child Maintenance

Here are some helpful answers to common questions regarding the paying of child maintenance.

 

  1. Who has a duty to pay maintenance?

    1. Parents, whether married, living together, separated, or divorced and parents of adopted children, are required to support the financial needs of their children.

    2. The grandparents may need to pay maintenance, if the child’s parents were married.

    3. Identification of both parents and their whereabouts are thus vitally important in a claim for maintenance.

    4. If you don’t know the whereabouts of the child's other parent, maintenance investigators can trace them and determine their financial capabilities.

  2. Why should I pay maintenance?

    1. Known as the “duty to maintain” or the “duty to support”, all parents have the responsibility to ensure that their children have access to basic necessities such as:

      1. Shelter
      2. Clothing
      3. Medical care
      4. Schooling
      5. Food

  3. How are payments made?

    1. At the local magistrate's office and designated government offices.
    2. To the bank or building society account designated by the person concerned.
    3. Directly to the person entitled to the money.
    4. By means of deducting the money from the person’s salary, in accordance with the Maintenance Act, 1998.

  4. What documents needs to support the application and where must I take it?

    1. Visit the nearest magistrates’ court to apply for child maintenance and take the following documents
    2. Birth certificate of your child/children.
    3. Your identity document.
    4. Proof of residence.
    5. A divorce settlement.
    6. Complete and submit form A
    7. Proof of your monthly income and expenses.
    8. The personal details of the parent required to pay maintenance such as their name, surname physical and work address.
    9. Copy of your bank statement.

 

Should you need any assistance with instituting or defending your matter, please contact our office as soon as possible to arrange an appointment.

 

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