CHILD MAINTENANCE – WHO PAYS?
We learn from an early age that every right is accompanied by a responsibility. What are the legal duties of parents, and particularly of unmarried fathers, when it comes to supporting a child? Who is responsible for maintaining the child and what costs are included in the legal definition of support? In simple terms, all parents carry the responsibility to financially support their children.
WHAT DOES CHILD MAINTENANCE INCLUDE?
The law considers the respective means of both parents, and there are no fixed amounts or minimums applied by the courts. Parents have a duty to provide reasonable requirements for a child’s upbringing. This includes food, clothing, accommodation, medical care and education. The court will take into consideration the ability of each parent to pay, and the obligation on each will not necessarily be identical.
The court strives for fairness rather than equality. Equal contributions could be very unfair to one party if the other party has significantly higher earnings. However, the higher earning capacity of one parent does NOT release the other parent from the reciprocal duty to support the child.
SIBLINGS
The birth of subsequent children to either parent does not lessen or dissolve the obligation to support the first or earlier-born child or children.
UNEMPLOYED:
Where a change in circumstances of a parent, such as unemployment, results in a considerable decrease in their ability to contribute to child support, the court may require the parent to access capital such as a pension fund or retrenchment pay-out.
In some circumstances, grandparents may even be held liable to support the child.
Whilst unemployed, a child-support grant can be sought from the Department of Social Development.
WHEN DO YOU STOP PAYING?
You might think the duty to provide financial support ends when the child reaches the age of majority (18). This is not the case. The law states that parents remain responsible for children until they are self-supporting.
WHEN AREN’T YOU RESPONSIBLE?
Of course, there are situations where biological parents do not carry any responsibility for the upbringing and financial support of their children.
Men who donate sperm and women who donate eggs are not deemed to be the legal parents of any children born as a result.
Surrogate mothers who carry a child for someone else are also not entitled to parental rights, nor do they have the corresponding responsibilities, according to the Children’s Act.
STILL WON’T PAY?
Sometimes, despite court orders, payments lapse. If you are not receiving the financial support you are owned we can help you.
031 303 2476 | www.nmalaw.co.za
Source: fin24.com