One doesn’t have to look far on Facebook to come across a post of a parent (normally a highly frustrated mother) having a go at the father of her children for not paying papgeld.
In a perfect world, this wouldn’t happen, as every parent – mother and father – would honour their duty when it comes to the well-being and legal maintenance of their children.
But we don’t live in a perfect world.
We actually live in a world where innocent children are exposed to – and made a part of – the anger, hate and public disagreements of their parents.
All this being said, there are still many who require information around child maintenance.
The following information was obtained from the Department of Justice and Constitutional Development website and gives some more insight into child maintenance.
Is it compulsory to pay maintenance?
Yes.
Who should pay maintenance?
It is a legal obligation of both the biological parents, grandparents or legal guardian of the child to pay maintenance.
Can I claim maintenance from grandparents?
Yes, maintenance can be claimed from the biological grandparent if the parents cannot pay maintenance.
Is maintenance a responsibility of biological parents only?
No, any person who is responsible to raise the child i.e legal guardian, adoptive parents and grandparents of the child, if the biological parents do not have means to pay maintenance.
Who can apply for maintenance?
The parent/person who is in custody of the child/ren may claim maintenance from the other parent who is responsible or liable to pay maintenance. Or in an instance where one spouse would like to apply for support from the other (where applicable). Maintenance can be claimed from the biological grandparent if the parents cannot pay maintenance.
What documents are needed to lodge a maintenance claim?
– identity document or birth certificate of the child;
– bank statements of both parents;
– list of the expenses of the child;
– list of expenses of both the parents;
– proof of applicant’s income and expenditure;
– name and surname of parent/person responsible for the payment of maintenance money;
– home/work address of the parent/person responsible for the payment of maintenance money;
– and if available, a copy of bank statement, proof of residence or affidavit.
The maintenance clerk will then assist you in completing the forms.
The clerk will refer your application to the maintenance officer for the final assessment of your documents.
After assessment the registration of application and reference number will be issued.
Issuing of a directive
The Maintenance Officer will issue a directive calling upon the parties to meet, for the purposes of conducting an investigation into the alleged complaint. The officer will then conduct an investigation into the alleged complaint, or conduct mediation with both parties present.
Mediation and granting of an order by consent
The officer will conduct mediation with both parties to reach an agreement/settlement.
Where the parties reach an agreement/settlement, the agreement will be made an order of the court.
The officer may request both parties to sign a written consent and have that made an order of the court.
The court then makes an order for payment of maintenance in accordance with the agreement between the two parties.
Where parties do not reach an agreement, the matter is then referred to court for formal enquiry.
Court date
On the day of the court appearance, an enquiry will be held to determine the needs of the applicant and the means available to provide maintenance from both parties.
After consideration, the magistrate will make a maintenance order indicating the amount to be paid.
Payment method
The court may order the respondent to make payments by means of:
– An electronic funds transfer (EFT) to the beneficiary's bank account.
– A deduct of the maintenance money from the respondents’ salary, (garnishee order)
– Direct deposit to the beneficiaries bank account
Where are you supposed to lodge a complaint for maintenance?
– In any local magistrate court where the applicant and/or the child resides.
How much money should be paid for maintenance?
The amount payable for maintenance will be determined by the needs of the child and the financial means of the parents.
At what age should you stop paying maintenance?
The maintenance should be paid until the child is self supporting.
What happens if the child reaches the age of 18 and she/he is still not self- supporting?
The payment of maintenance will continue until the child is self-supporting. However, the maintenance payment should be deposited directly to the child’s banking account.
Can I increase/decrease the maintenance amount after the order has been granted?
Yes, you can request a decrease/increase of the amounts, especially if the financial circumstances have changed.
Procedure in cases where a respondent does not pay
If the respondent fails to pay within the specified times, you should report the matter to the Maintenance offices. The court will follow one of the following two options:
Civil Enforcement of Maintenance, through the Magistrate may order one of the following:
– Emolument attachment, attachment of debt and/or, execution of movable/immovable property.
– Criminal Prosecution. A warrant of arrest can be issued as the respondent failed to comply with an order of court.
Whilst all of the above are how it should work, there are many instances where the system just doesn’t work – and in the end, the children suffer.
I hope that the system becomes more effective and that the courts, parents and all involved actually just put the needs of the child first.
We should not let our children suffer the consequences of our behaviour.