Child Support/Maintenance

Under South African law, there is a duty and obligation on both parents of a child to maintain and care of the child. The financial component of raising a child can cause conflict between co-parents, which conflict often elevated by feelings of bitterness, betrayal and disrupt stemming from their own failed relationship.

Once your matter is trial ready, the Magistrate will review the evidence placed before him/her and make an order determining the Respondent’s liability. Alternatively, the parties may at any time before judgement in the matter reach settlement.

Once a maintenance order is granted, the person against whom the order is granted must comply therewith, failing which the claimant may lodge a criminal complaint against you or seek an order directing the maintenance sum to be deducted from your salary. If, for whatever reason, the maintenance order is no longer sufficient, you can apply for substitution thereof.

The process of applying for a maintenance order can be quite time consuming and often somewhat frustrating. Getting someone who knows the ropes can be the difference between waiting three months for your order to over two years.