In our law there is no set amount that a parent should pay for maintenance in respect of their child, and each case is decided based on the situation of the specific family. The generally accepted principle is that each parent is obliged to maintain his/her child, pro rata in accordance with his/her means.
Secondly, Can a parent sue a child for maintenance in South Africa? The law around the issue of parents claiming maintenance from their son-in-law or daughter-in-law is clear, and a parent cannot claim maintenance from them as a reciprocal duty exists between parents and child/ren and relates to them claiming from the nearest relative first.
What does child maintenance include?
Child maintenance covers the cost of the everyday care of the child, such as food, clothes, and housing. Expenses such as school fees do not fall under child maintenance – parents who are getting a divorce can make a “Family Based Arrangement” to deal with costs like this.
Similarly, Can a father refuse to pay maintenance? A parent may not withhold payment of maintenance if he or she is not allowed by the other parent to exercise his/her right of access to a child. The flip side of the coin is that a parent may not refuse the other parent access to a child when the latter does not contribute towards the maintenance of that child.
How is maintenance calculated?
The maintenance amount is calculated by taking into account the total monthly take home income (ie. without tax) of both the spouses. The educational background of the spouses, the number of years of marriage, number of children and child custody are also major factors, which govern the maintenance amount.
How much maintenance should a dad pay? On the basic rate, if you’re paying for: one child, you’ll pay 12% of your gross weekly income. two children, you’ll pay 16% of your gross weekly income. three or more children, you’ll pay 19% of your gross weekly income.
How do they calculate child maintenance? On the basic rate, if you’re paying for:
- one child, you’ll pay 12% of your gross weekly income.
- two children, you’ll pay 16% of your gross weekly income.
- three or more children, you’ll pay 19% of your gross weekly income.
Do I have to pay child maintenance if it’s 50 50 custody? If you have shared care for at least 52 nights a year, you don’t need to pay any child maintenance.
What is child maintenance supposed to be used for?
Child maintenance is money to help pay for your child’s living costs. It’s paid by the parent who doesn’t usually live with the child to the person who has most day-to-day care of the child. It’s also called ‘child support’.
Can a working wife claim maintenance? With the passage of time, the ‘home maker’ status of women in India has undergone considerable changes. A woman is no more tagged as just a housewife. Infact, she has successfully established herself as a working woman.
Does a father legally have to pay child maintenance?
Parents have a legal responsibility to provide financially for their children even if they no longer live with them. When child maintenance is paid it can make a significant difference to the lives of families.
How do you win a maintenance case? 5 Steps To Win The Interim Maintenance
- Capable of working ( Add the info past and present job details )
- Well Qualified ( add the info of her education )
- Prima Face Case.
- Approach the Court with Unclean Hand.
- Deserted to Husband without sufficient cause.
How is child maintenance determined?
On the basic rate, if you’re paying for: one child, you’ll pay 12% of your gross weekly income. two children, you’ll pay 16% of your gross weekly income. three or more children, you’ll pay 19% of your gross weekly income.
Can educated wife claim maintenance?
No an well educated wife is not entitled to maintenance. The courts are of the view that the wife cannot act force the husband to milk out cash in favour of the wife. Like for example, the recent judgment of Delhi High Court of Mamta Jaiswal.
Can a wife demand maintenance? Under Section 24, a “deserving man” who does not have an independent income sufficient for his living and support and does not have the necessary expenses for the proceeding can claim Maintenance from his wife if his wife can afford to do so. Section 25 allows permanent alimony and Maintenance to the husband.
Who is entitled to claim maintenance? they can claim maintenance by filing an application before the Magistrate. Such maintenance is granted at such monthly rate, as the Magistrate thinks fit. If you are a woman and have been divorced by your husband or you have obtained divorce from your husband, you are entitled to maintenance.
Do you have to pay maintenance for a child?
If you’re the child’s parent, you have to pay maintenance even if you don’t see them. Paying maintenance doesn’t mean you have a right to see the child. If you’d like to see them, you should first try to agree with the person who’s looking after them.
Do I have to pay child maintenance if my ex remarries? The answer is no. When parents divorce, the absent parent (“paying parent”) is obliged by law to pay child maintenance to the parent caring for the child (“receiving parent”).
Do I have to pay more than child maintenance?
Yes, you are not obliged to pay anything more than your child maintenance sum. I would however encourage you to consider any requests on a case by case basis. Ultimately the money is to pay for your child and so you may want to pay a little extra on one-off occasions so that your child doesn’t go without.
Does a father have to pay child maintenance? If you’re the child’s parent, you have to pay maintenance even if you don’t see them. Paying maintenance doesn’t mean you have a right to see the child.
Do I have to pay child maintenance if I’m not on the birth certificate?
If an unwed father is not listed on the birth certificate, he has no legal rights to the child. This includes no obligation to paying child support and no rights to visitation to custody or child support. If no father is listed on the birth certificate, the mother has sole legal rights and responsibility of the child.
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