Raising a child is one of the biggest jobs in this world. A child needs a lot of time, love and nurturing to have a steady foundation.  Apart from love, a child also has financial needs.  When parents get divorced, the love and financial needs must be met by both parents.

What is child maintenance?

According to the law, the parents, whether in a relationship or not, must contribute to the necessary financial support for the child’s care, development and upbringing.  The law also stipulates that both parents have a duty to maintain the child or children.  A maintenance order or divorce agreement will specify the monthly maintenance amount owed to the primary caregiver of the child.

Child maintenance also applies for adopted or illegitimate children.  Legal guardians and biological grandparents (if the parents cannot pay) can also legally be liable to pay child maintenance.  Usually, maintenance payments are payable until the child turns 18 years old, or self-supportive.

What is the maintenance payment used for?

Maintenance payments ensures the child’s general well-being and development.  It takes money to feed, shelter, dress and educate a child.  A child’s right to a normal life should not change just because the parents are no longer together or never got together to begin with.

Additional to a monthly maintenance amount that is paid to the primary parent, which goes towards food, shelter, clothing, etc. other contributions must also go towards the child’s educational costs, medical expenses and tertiary education costs.  If a child goes to study after school, the parents will be liable to pay for the tertiary education as a child is not self-supporting at the age of 18.  The maintenance amount may be altered accordingly when the child leaves the home to go study.

How is the maintenance amount determined?

The maintenance amount is determined by the court, according to what each parent financially earn per month.  The court will determine the reasonable needs of the child and proportionate to what each parent earns.  Both parents have a legal duty to support their children.

Can the maintenance amount be changed?

Maintenance amounts are not set-in stone and can be adjusted as situations change.  As the child grows, their needs change over time and the financial situation of a parent might also change at any time.  When one parent earns more or less than before, a new application must be made to the Maintenance Court to change the terms and conditions of the maintenance order.  A parent who got injured or lost their job, can approach the Court for a temporary suspension or reduction of payments.  It is not wise to stop making payments, as this will have serious legal complications.

Non-payment of child maintenance is against the law in South Africa.  Maintenance officers can track down non-payers via cell phone service providers.  Non-payers will be blacklisted, which can come back to bite them when applying for credit or a new job.  Regular non-payers could even face prison time or a heavy fine.