As a parent, it is your responsibility to ensure that your child’s needs are met, and one of the most important ways to do this is by paying child maintenance. However, when you lose your job or experience financial difficulties, meeting this obligation can become a challenge.
Understanding Child Maintenance
Child maintenance is the financial support paid by a parent to assist with the living expenses of their child. It is an ongoing obligation and is usually paid until the child reaches the age of majority or becomes financially independent. Child maintenance can be ordered by a court or agreed upon between the parents. Failure to pay child maintenance can result in legal action being taken against you, including a garnishee order, attachment of assets, and even imprisonment in some cases.
Legal Obligations
In South Africa, the Maintenance Act 99 of 1998 governs child maintenance. According to the Act, both parents have a legal obligation to support their child financially, and the amount of maintenance to be paid is based on various factors, including the child’s needs, the income of both parents, and any special circumstances. The court can also take into account any assets or property owned by either parent.
Unemployment and Child Maintenance
Losing your job or experiencing financial difficulties can make it difficult to meet your child maintenance obligations. However, being unemployed or facing financial difficulties does not excuse you from your legal obligation to pay child maintenance. If you are unable to make your payments, you should inform the other parent and the court immediately.
Options Available to You
If you are unable to pay child maintenance due to unemployment or financial difficulties, there are several options available to you. These include:
- Negotiating with the other parent: If you are experiencing financial difficulties, it may be possible to negotiate a temporary reduction in the amount of maintenance you pay.
- Applying for a variation order: If your circumstances have changed significantly, you can apply to the court for a variation order. This will allow the court to reassess the amount of maintenance you are required to pay.
- Seeking legal advice: If you are unsure of your legal obligations or need assistance with negotiating a temporary reduction or applying for a variation order, it is advisable to seek legal advice from an experienced family law attorney.
Conclusion
In South Africa, child maintenance is a legal obligation that both parents are required to fulfill. Even if you are unemployed or experiencing financial difficulties, you are still required to pay child maintenance. If you are unable to meet your obligations, it is important to inform the other parent and the court immediately and explore the options available to you. By fulfilling your legal obligations, you can help ensure that your child’s needs are met and provide them with the support they need to thrive.
