How can you practically empower yourself, or the women and children you know, during this year’s 16 days of Activism? The Mail & Guardian‘s “HOW TO” guide will tackle a different area each day, including suing for maintenance, applying for a social grant and getting an interdict against an abusive partner.
How to apply for a maintenance order
Maintenance is the obligation to provide another person, such as a child, with: housing; food; clothing; education; medical care; and means that are necessary for providing the person with these essentials.
It is the legal duty of both parents, whether married, living together, separated or divorced, including parents who have adopted a child, to support their children. Read the Maintenance Act, 1998 (Act 99 of 1998). Grandparents could also be required to support the children, irrespective of whether the children’s parents were married to each other. This, however, varies from one case to another.
The parent who is looking after the child has a right to apply to a maintenance court for the other parent to pay support.
If the children are not living with the mother or the father, the person who is looking after them (such as grandparents) can also apply for maintenance from the parents.
Once there is a court order instructing a parent to pay child support, it is a criminal offence not to pay.
It is important to note that the duty to pay maintenance and getting rights of access to the children are two entirely separate matters and one has no relation to the other. Also, children of either party do not influence the duty to support.
What expenses can be claimed?
You may claim reasonable support that is necessary for providing the child who has a right to maintenance with a proper living and upbringing. This includes providing necessities such as food, clothing and housing, as well as paying for a proper education. The court may also order the father to contribute to the payment of laying-in expenses and maintenance from the date of the child’s birth up to the date on which the maintenance order is granted. The court may also grant an order for the payment of medical expenses, or may order that the child be registered on the medical scheme of one of the parties as a dependant. To enable the court to grant a fair maintenance order, both parties must provide the court with proof of their expenses.
Steps to follow when applying for maintenance: