Maintenance of children

The financial support of children is the legal and moral duty of both parents, regardless of whether or not they were ever married. Such a duty of support is based on the following:

• A relationship between the child and the parent
• The need of the child to receive financial support
• The ability of the parent to pay
• The best interests of the child

What is Maintenance For?

Every child has the right to reasonable maintenance to provide:

• housing
• clothing
• medical, dental and health care
• education
• food

How long do you have to pay maintenance?

This duty of support usually ends when the child becomes self-supporting which may or may not be at the time when the child reaches 18. For as long as the child needs financial support, the parent is obliged to pay maintenance.

Two principles of maintenance

#1: Pro-Rata

The parties are to contribute to the expenses of their children according to their means. For example, if mom earns R5,000 and dad earns R10,000 then the total combined income is R15,000. Therefore, Mom earns 33% of the combined income (5000/15000*100 = 33%) and dad 67%.

#2: Need vs. Ability to Pay

If the child’s expenses are R3000, then based on the example above, the mom is to pay 33% of R3000, which is R1000. Dad is to pay 67% which is R2000.

The question is then asked whether mom and dad can afford their pro-rata share once their own reasonable expenses have been paid. If not, cuts have to be made to the budget for all the parties to try and make it fit.

This financial aspect should be revisited on an annual basis to ensure that the pro-rata share is fair and that both parties are able to pay their contribution.