Which expenses can I claim for as part of maintenance of the children

The divorce and maintenance laws in South Africa dictate that both parents are responsible for the proper upbringing and essential needs of their child(ren). This ‘duty to maintain’ or ‘duty to support’ is a legal requirement as every child is entitled to reasonable support and decent amenities. Read on to find out more from Blake Attorneys, expert family law attorneys in South Africa.

The maintenance process

In order to kickstart the maintenance process, a parent must first submit Form A: Application for Maintenance Order (J101) in the district magistrate court where he/she resides. This application is then reviewed by a Maintenance Officer. The following are the documents that must be submitted along with Form A:

1. ID copy
2. Contact details including home and work address, and phone numbers
3. Certified copies of the birth certificate (or certificates in the case of multiple children)
4. Proof of income such as the pay slip;
5. 3-month bank statements (stamped by your bank);
6. Details of the person responsible for paying maintenance (addresses and contact details)
7. Copy of Decree of Divorce, or previous maintenance order if you have one (only if applicable).

Expenses that can be claimed

The expenses that can be claimed includes all your household expenses including your accommodation costs, electricity and water in the residence, food,, transport, and domestic help. In addition the child’s direct expenses such as clothing, medical aid and medical expenses, plus the costs pertaining to education. The court will order a parent to pay laying-in expenses i.e. an amount for the baby’s layette and the costs of the medical and related expenses before birth.

Applying for more maintenance

If you find that the amount of maintenance you receive is not sufficient to cover the necessary expenses, you have a right to request to increase it. Follow the steps below:

1. Apply for an increase in maintenance amount at the district magistrate’s court where you and the child (or children) reside.
2. Complete and submit the relevant form for review by the Maintenance Officer in charge.

If you are in the middle of a separation and want to know more about divorce and maintenance in South Africa, contact Blake Attorneys today!