In order to establish maintenance payable it is first necessary to determine the reasonable needs of the children on a monthly basis. Although there are no clear cut rules for calculating the children’s share of shared expenses, in practice a starting point would be to allocate one part per child and two parts to a grown up. Each case is however judged on its own merits should the matter proceed to trial. The presiding officer will take the following into consideration when determining the child’s share of the shared household expenses:
There are three prerequisites for a duty of support to exist:
As mentioned above the circumstances of each matter will be taken into account, therefore if a parent is only able to support up to a certain level and the child’s needs exceed that level, then the said parent is under no obligation to extend his duty of support beyond what they are capable of.
Child Maintenance in South Africa: What Should You Pay? One of the most common questions parents ask after separation or divorce is: How much child maintenance should I pay? There is no fixed amount that applies to every family. Child maintenance is calculated according to the reasonable needs of the child and the … Read more
When parents separate or divorce, children may sometimes resist or refuse contact with one of their parents. This can be an upsetting and confusing experience for both the child and the parent concerned. It is tempting to assume that the other parent is deliberately influencing the child’s behaviour. However, a child’s refusal to have contact … Read more
When parents separate or divorce, their relationship as a couple may come to an end, but their responsibilities towards their children continue. Finding a way to work together as parents can be challenging, particularly when emotions are running high or communication has broken down. Children need stability, reassurance and the freedom to maintain meaningful relationships … Read more
