MAINTENANCE TOWARDS CHILDREN

• Both parents of a child are responsible to contribute towards the child.
• Both parents should have a responsibility to support their child proportionately.
• For example, if the father is in a stronger economic position, it does not mean that the mother has no liabilities, she still has to support the child.

What does Maintenance and Support include?

• Supporting your child extends to accommodation, food, clothes, medical and dental attention, and other necessities of life.
• Maintenance of a child also includes education.

Should Maintenance be paid after a Divorce?

• The Divorce Act 70 of 1979 provides that a court may not grant a final decree of divorce unless they are satisfied that provisions are made in terms of the welfare of any minor or dependent child or the best that can be made in the given circumstances.
• The child is entitled to reasonable maintenance for housing, clothing, medical, dental and health care and education.
• If a child temporary visits a parent who pays maintenance, that does not give that parent the right to reduce the maintenance amount that is paid.

If a parent fails to pay maintenance may the other parent stop contact with the minor of dependent child?

• No, it will be seen as Alienation of the minor or dependent child and the court may be approached by the parent whose contact is stopped.
• The appropriate remedy to follow is to approach the Maintenance Court in the area that you reside in and inform them that the maintenance is in arrears.

If a parent remarries, does it have an effect on a parent’s duty to support?

• No, a parent’s duty to support is in no way affected by remarriage after divorce.
• Both parents of the child/children will still be responsible to contribute towards the child/children.