Child maintenance in South Africa is where one parent pays amounts either directly to the other parent, or to service providers such as medical aid and schools. In some instances this is by agreement and in some cases there is a court order directing those payments. The common law explains that parents and, failing them, grandparents, have obligations to financially support their children. Only the procedures for enforcement are set out in the Maintenance Act 1998 as amended in the Maintenance Amendment Act 2015. Blake Attorneys, experts in family law, explain further.
Can you change the maintenance amount?
The simple answer is yes. Parents can agree to change maintenance and when they do so, we advise that you should have a written agreement, which both parties sign. It is safer for both parties to enter into that written maintenance amendment agreement with the assistance of an attorney, so that you can be sure all angles are covered. If you have a court order and agree to change the details, you’ll need to have the amendment made a court order, failing which you are probably still liable for the ordered amount, not the agreed variation amount. This could be disastrous.
If you cannot reach an agreement, you may apply to maintenance court for a Variation. We attach a copy of the form to be completed and taken to maintenance court.
In general, courts will allow a variation application if two years have passed since the last order or agreement was made, but the law provides that ANY substantial change in circumstances entitles the parties to request a variation order. When you come to court for this variation application, please note and check the following:
- Which court’s jurisdiction does the child live in ? Alternatively attend at the Court closest to the mother’s place of employment – look on the Dept of Justice’s website to confirm the area;
- Make sure you bring the previous ORIGINAL court order with you;
- Take along your identity document and the child’s birth certificate;
- Take your FICA documents proving your address – such as rent account or municipal account;
- Take 3 months worth of your bank accounts (stamped by the bank) and accounts for the school and medical aid.
When to approach a lawyer
If you are a parent who wishes to request an increase or decrease in the child maintenance amount, and the matter is complex, you can consult with expert family lawyers such as Blake Attorneys.
At Blake Attorneys, we pride ourselves on providing our clients with confidential and trustworthy service through our years of experience in family law. It is essential that you feel comfortable when you approach potential lawyers and we assure you, we have your family’s best interests at heart.
For more information on how Blake Attorneys can help you with child maintenance in South Africa, contact us today for a consultation.