Child support arrangements

FAQ for Child Support Arrangements

What is child support?

Child support refers to the financial assistance provided by one parent to the other for the benefit of their child or children. This support can be in the form of cash payments, medical aid contributions, school fees, and other expenses related to the child's care and well-being.

What is the legal basis for child support in South Africa?

The legal basis for child support in South Africa is the Maintenance Act (99 of 1998). This Act governs the rights and obligations of parents towards their children, including the payment of child support.

Who is responsible for paying child support?

Both parents have a legal obligation to support their children financially. However, the parent who does not have primary custody of the child is usually the one who is required to pay child support.

How is the amount of child support calculated?

The amount of child support is determined by taking into consideration the needs of the child, the income of both parents, and any other relevant factors. The court may also consider the child's standard of living before the divorce or separation of the parents.

Can the amount of child support be changed?

Yes, the amount of child support can be changed if there is a significant change in the financial circumstances of either parent or if the needs of the child have changed.

What happens if a parent does not pay child support?

If a parent fails to pay child support, the other parent can take legal action to enforce the child support order. This may include garnishing the parent's wages, seizing assets, or even imprisonment.

Can child support be waived or terminated?

Child support can only be waived or terminated if both parents agree to it and if the court approves the agreement. However, the court may still require the parent who would have paid child support to contribute towards the child's expenses in some other way.

Family Lawyers in South Africa specialize in laws relating to family matters and domestic relations. They handle a broad range of cases, including marriage, divorce, child custody, adoption, and other family-related issues. Their practice is guided by legislation such as the Divorce Act 70 of 19791, the Children's Act 38 of 20052, and the Maintenance Act 99 of 19983. These lawyers provide legal advice, negotiate on behalf of clients, and represent them in court proceedings. They are regulated by the Legal Practice Council4.
Footnotes

1. Divorce Act 70 of 1979 ↩
2. Children's Act 38 of 2005 ↩
3. Maintenance Act 99 of 1998 ↩
4. Legal Practice Council ↩
   , Divorce lawyers in South Africa handle legal matters related to the dissolution of marriages and the associated legal issues such as spousal support, child custody, and division of assets. Divorce law in South Africa is primarily governed by the Divorce Act of 1979. This act provides the legal framework for divorce proceedings and the resolution of related matters. The Law Society of South Africa, along with its provincial branches, oversees and provides guidance to divorce lawyers. To find more information about divorce law and the Law Society of South Africa, you can visit the following links:
5. Divorce Act: https://www.justice.gov.za/legislation/acts/1979-070.pdf
6. Law Society of South Africa: https://www.lssa.org.za/