The South African Constitution awards rights to all human to be treated equal and just, and that includes Children.

Section 28 of the Constitution provides an important benchmark in the protection of Children in South Africa.

Love and Commitment aren’t negotiable when it comes to our Children, however some parents disregard this duty.

As a parent there are certain necessities you have to provide to your children in order to ensure that they are well cared for. The Duty to maintain or to support means that parents have the responsibility to ensure that their Children have the right to the Basic Necessities such as:

• Shelter
• Clothing
• Medical care,
• To be able to attend a School
• And to food.

   

  If any one of the parents neglect to honour their duty, the other parent has the right to approach the Maintenance Court and the Magistrates’ Court for assistance. The Child Maintenance System is there to make sure that all parents take up their responsibility to maintain their Children

   

  To provide clarity on who is responsible to maintain their Children the following is to pay maintenance;

• All parents, whether married or unmarried, living together, divorced or separated and parents of adopted children.
• Any person who is responsible to raise the child, for example, a legal guardian, adoptive parents and grandparents of the children.

In most cases the one party doesn’t have information about the whereabouts of the child’s other parent and in such cases investigator’s can be appointed to trace the parent and determine their financial capacities. Parents are required to pay maintenance until the child is 18 years old or self supportive.

The Court may determine how much maintenance is needed per child.

If any one of the parents fails to pay maintenance the Court may order that the maintenance amount be deducted from the maintenance payers salary or the Court may auction the Defaulters property.

The defaulter may be granted an opportunity by the Court to explain the reason for his/her default, however it has to be a very good reason and the Court may decide based on the reason if the Defaulter will have to pay all outstanding maintenance or if the defaulter will go to Jail.

The amount for maintenance may be decreased or increased as the circumstances of the child changes. The parent of the child will have to submit prove of the change in financial position, circumstance, complete an application form and submit a statement with the income and expenditures.  

Every parent can secure a financially stable life for their children with the help of the Maintenance Court and the Magistrates’ Court.