Child maintenance & support

Child maintenance & support

When a relationship breaks down, children often get caught in the middle, sometimes being the ones that suffer the most. We are well-familiar with the desire of the parent/s, that the child gets the best possible support, including that of being provided for financially in the form of maintenance. We have the expertise, drive and determination to work for the best interests of the child, in a fair and reasonable manner, in all matters, including those pertaining to maintenance.

In determining maintenance to be paid for a child, the factors that are taken into account are the parent’s means, income, and standard of living. The obligation to pay maintenance for a child, rests not only on the father, but on both parents according to their means.

If a child is visiting a parent for a period of time, this is not a reason to reduce or suspend maintenance, unless so stipulated in a court order.

The duty of support of the parents will continue if there is a remarriage, with there being no obligation for a step-parent to support their stepchild. If one parent does not allow the other parent to have contact with the child, or a court has ordered that contact be limited, this is not a reason for cessation of the payment of maintenance.

Both parents are obliged to use their income and capital to support their child. If a parent has assets, but no income, they will still have to pay maintenance, and a court may order that such assets be sold, so as to meet their obligation.

frequently asked questions

It’s based on the needs of the child and the financial ability of both parents.

Yes, if there is a change in financial circumstances, you can apply for a variation of the order.

More questions? Send us a message below.