Child Maintenance

The duty to support a child is an obligation that rests on both parents jointly. Regardless of whether the child is born out of wedlock both parents have an obligation to contribute towards the child’s maintenance. Therefore parenthood in itself automatically results in the obligation support a child. The duty to support refers to the support that a child reasonably requires in order for him or her to have a proper upbringing, which includes the provision for food, clothing, accommodation, medical care and education. Each parent’s share in the duty to support is appropriated between the patents according to their financial means.


The Maintenance Act 99 of 1998 makes possible for one parent to approach the Maintenance Court in order to obtain a maintenance order against the other parent. Before the Maintenance Court will grant such an order certain requirements must be met and proved. A parent may also approach the Maintenance Court in order to change an existing maintenance order to a lesser amount if his or her financial position changes.


At Human Attorneys we assist our clients with the necessary assistance and advice regarding child maintenance issues. We also assist our clients with the obtaining and completing of necessary forms and any court attendances.


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