Child maintenance is the obligation to provide another person, for example a minor, with housing, food, clothing, education and medical care, or with the means that are necessary for providing the person with these essentials. All parents regardless of the nature of the relationship between parents are required by law to provide for their child.
There are many misconceptions regarding the law surrounding child maintenance. For example most people believe that you are only required to pay child maintenance until a child turns 18, however the real case is that you are required to pay maintenance until the child is considered able to support themselves.
What Is Child Maintenance?
Child maintenance refers to the legal system in place that enforces the support of a parent who is not the primary caregiver of a child.
In addition to providing the child with adequate clothing, housing, dental care, and education, parents are responsible for maintaining their children. Each parent must fulfil his or her obligation to maintain the child according to his or her means and the child’s needs. If the child’s parents are unable to maintain their child, the child’s grandparents may have to pay for it.
Who Can Claim Child Maintenance
If the child is under the age of 18 and their legal guardians aren’t living together, then the primary caregiver of the child, whether adoptive or biological, can request that child maintenance be paid by the other legal guardian.
If a child is over the age of 18 then they can personally claim for child maintenance from their guardians without the assistance of another guardian.
Legal Requirements For Child Maintenance
Child maintenance is regarded a serious issue. If a child does not receive sufficient financial support this can directly affect their livelihood and is considered a punishable offense by law.
It is important that you have a dedicated an experienced attorney to assist you with all family law matters and can ensure that you and your child get the required support.
How Much Child Maintenance Should I Pay?
The amount owed in child maintenance by a parent monthly is dependent on various factors determined in court.
This is determined by taking into consideration the reasonable needs of the child as well as the financial position of each parent.
Needs Of The Child
This includes the basic needs of healthcare, food, clothing and education. The cost of these are calculated to determine how much is required per month to support the child.
Parents Financial Position
The income and expenses of each parent will be determined and then the parent with the highest net income will be required to pay more maintenance. If a parent is deemed unable to financially support their child due to lack of income, then maintenance cannot be ordered. however, if that parent has significant assets, they can be used to pay maintenance.
What Happens When A Parent Doesn’t Pay Child Maintenance?
Should a parent fail to pay the required maintenance agreed upon in the maintenance order, there are several steps of action that can be taken.
Firstly you are to report the parent to the maintenance officer. Once this is done one of the following may be done:
- A person who didn’t pay child support might be subject to an ‘emoluments attachment order’. This means that the court will order the employer to take a specific amount from the person’s salary and send it to the child’s mother each month to cover child support.
- Attachment of a debt owing to the person who failed to pay
- Confiscation of the parents’ assets, where these assets will be sold and their profits to be used as maintenance for the child.
- Lastly should all else fail the parent can be fined or imprisoned by the court.
