SCHOLTZ ATTORNEYS

TOP CHILD MAINTENANCE LAW FIRM IN ROODEPOORT

Specialists in Civil Litigation, Family Law, Corporate and Commercial Law, Estate Planning & Insolvency.

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+27 11 760 5353

SPECIALIST CHILD MAINTENANCE LAWYERS IN ROODEPOORT

Scholtz Attorneys, specialist Child Maintenance Lawyers in Roodepoort, have been in practice for over 22 years and is established as professional and well known in all maintenance procedures. Our senior attorney, Mr Jaco Scholtz, was admitted as an attorney in 1997 and successfully practised under the Scholtz Attorneys banner since 1998.

Our well-established, specialist family & divorce law firm will afford you professional knowledge, experience, personnel, and infrastructure that enable us to render the best quality of service to all our clients. All the attorneys and other legal employees at Scholtz Attorneys are the most competent staff purposely selected to afford you, our clients, the best possible divorce service at a competitive price.

WHAT DOES CHILD MAINTENANCE ENTAIL IN SOUTH AFRICA?

The Children’s Act 38 of 2005 states that parents, whether in a relationship or not, must make necessary financial contributions to their children’s care, upbringing, and development.   Both parents need to maintain their children. The Court will stipulate what the amount will be that the one parent has to pay the child’s primary care parent in a maintenance order.

Students over 18 years are not self-sufficient even if they have a part-time job to assist with costs. Over and above the amount mentioned in the previous paragraph, the primary care parent needs assistance to cover food, clothing, shelter, tuition, medical expenses, to name a few. Because a child of 18 may have a part-time income, the non-primary care parent can request a reduction in the initial maintenance amount. The child can then claim maintenance from the parent personally.

WHO HAS THE LEGAL RESPONSIBILITY TO PAY CHILD MAINTENANCE?

Anybody legally connected with the child, guardians, and biological grandparents: the Court can approach any of those mentioned above to assist with maintenance in cases where the parents cannot afford the upkeep. A child becomes an adult at the age of 18; only then can maintenance be stopped unless the child is a student or unable to self-support.

PROCEEDING WITH CLAIMING CHILD MAINTENANCE IN SOUTH AFRICA

 It is best to approach specialist child maintenance lawyers when you claim child maintenance. Scholtz Attorneys Roodepoort has the legal expertise and knowledge to ensure you get the best maintenance lawyer advice and service in South Africa.

Mentioned below are the steps to apply for child maintenance:

  • Go to Maintenance Court with the following – 3 month’s bank statements, proof of all your expenses, the address of the other parent as well as your ID and childrens’ birth certificate.
  • Complete and submit an Application for Maintenance Order (Form A). After this, you will both receive a date to see the Maintenance Officer; failing to appear without written proof can constitute an arrest.
  • Once both parties reach an agreement, a Magistrate draws up the agreement to pay maintenance as claimed.
  • In a case where a parent fails to consent to the maintenance, the Court will request reasons therefor. In a case where the Court establish liability, the parent has no other option but to pay.
  • Maintenance payment can be directly into the primary parent’s bank account, to the local Magistrate Office, or by issuing a garnishee order.
  • Failure to pay maintenance is a criminal offence.

 

As can see from the process mentioned above, it can be daunting and time-consuming. Scholtz Attorneys offers comprehensive legal advice and expert assistance with approaching the Maintenance Court.  Contact us to book a consult for experienced advice and solutions that will save you time and money.