In South Africa, questions around child support, or maintenance as it is referred to, are common in family law. Parents often ask, "How much child support will I need to pay?" or "How is child support calculated?" Understanding the framework for calculating child maintenance and the responsibilities involved is crucial for both parents. This article provides insight into how child maintenance is determined in South Africa.

The Legal Basis for Child Support in South Africa

Child maintenance in South Africa is governed by the Children's Act, which mandates that both parents have a duty to support their child according to their means. This responsibility extends to financial support, ensuring that the child's basic needs for food, shelter, education and medical care are met.

Factors Influencing Child Maintenance Calculations

1. Parents' Income: The income of both parents is considered. Child maintenance is proportionate to the earnings and capacity of each parent.

2. Needs of the Child: The child's needs, including education, health and general living expenses, are paramount in determining the maintenance amount.

3. Standard of Living: The child is entitled to enjoy the same standard of living as the parents.

4. Existing Responsibilities: The court considers any existing financial responsibilities of the parents, such as support for other dependents.

The Process of Determining Child Support

• Maintenance Court: Parents can approach the Maintenance Court to obtain a maintenance order if they cannot reach an agreement.

• Maintenance Officer: A Maintenance Officer assists in assessing the financial situation of both parents and calculating a fair support amount.

• Legal Representation: While not mandatory, legal representation can help navigate the complexities of maintenance proceedings.

Adjustments to Child Maintenance

Child maintenance is not a fixed amount for the child's entire minority. It can be adjusted as circumstances change, such as a parent's income change or the child's needs.

Non-Payment and Legal Consequences

Failure to pay child maintenance can lead to legal consequences, including garnishment of wages or even criminal charges.

Conclusion

Determining child support in South Africa is a process that takes into account the income of both parents and the needs of the child. It's a balanced approach, aiming to ensure that children receive adequate support post-divorce or separation. For parents navigating this process, understanding the legal framework and seeking appropriate guidance is crucial for the well-being of their children.

Barter McKellar’s family law attorneys have extensive experiencing on advising on all aspects of family law matters. If you would like to find out more, contact our offices today to schedule a consultation with one of our specialist family law lawyers.