Alternatively, each party can seek its own legal advice, which acts as the negotiator of an agreement. Both parties can then sign this agreement, which can then be settled if the court determines that it is providing sufficient care to those involved. A court decision means that these agreements have the same effect as a support order (see below). A lawyer cannot act for both parties in this situation due to conflicts of interest. Hello We recommend that you contact the maintenance court in your area as soon as possible. Child support issues may seem simple, compare them to criminal fraud proceedings, for example. However, a child support case could be much more complicated, challenging and exhausting. But that doesn`t have to be the case. At least not always. Learn some of the tips and tricks from lawyer Muhammad Abduroaf, a family law expert with over a decade of experience in family law and child support. Read on to learn some trading tips and tricks. Valuable advice is given on what to do in the context of legal proceedings in maintenance matters. During the marriage, each spouse has a reciprocal maintenance obligation to the other.

This support obligation would depend on the needs of that spouse and the ability of the other spouse to meet those needs financially. This obligation to provide support would include housing, clothing, food, medical care and other necessities, and one of the factors to be taken into account is the social situation of the parties, their disposable income and the cost of living. The duty to provide for each other is the responsibility of both spouses and means that if, for example, a woman does not have the financial means to support herself, her husband is legally obliged to support her, and vice versa. This mutual maintenance obligation ends with death or divorce. The Divorce Act 70 of 1979 allows for court decisions on spousal maintenance. Similarly, if one of the spouses dies, the surviving spouse may claim maintenance from the estate of the deceased spouse under the Surviving Spouses Maintenance Act No. 27 of 1990. A person applying for a maintenance order can apply to their local district court and ask the clerk to issue a maintenance writ against the other spouse.

Information on the application for maintenance and the forms used is available on the Court Service website. Changing circumstances, such as the rising cost of living and other factors, may require an amendment to the existing support order. A support court may make the following orders – If a judge determines a need for support, there are certain points that the court must consider, such as: We recommend that you contact the court until the divorce is over for a provisional visitation arrangement. FLAC (Free Legal Advice Centres) is an independent, voluntary organization that runs a network of legal advice clinics across the country. These clinics are confidential, free and open to all. Contact your nearest Citizen Information Centre for information on FLAC services in your area. FLAC also operates an information and referral line during office hours to obtain basic legal information. Maintenance information is available on the FLAC website. Each party must disclose their finances to the court, and the judge will consider all the family`s circumstances when making a support order. Support occurs when the judge orders one spouse to provide the other with support on an ongoing basis after a divorce. Called “spousal support” or “alimony” in previous years, support is intended to help the spouse maintain a lifestyle similar to that of marriage.

Generally, after divorce, one spouse expects the other to find a job and support himself. Thus, although a spouse can apply for support, a judge is not required to order support. A judge cannot grant the request if there is no significant need for financial support. If you want to appeal the district court`s decision on a maintenance order, you can do so within 14 days or ask the circuit court for an extension of the appeal period. You should seek legal advice about your appeal. Now it becomes difficult. The support court can only make an order against a parent if it is proven that the parent can provide the support claimed and that the amount claimed is manifestly fair. The problem in practice is that the mother claims that the father can provide child support, but she has no concrete evidence to support it. The father does not come either and only shows that he cannot raise the required amount. The mother knows that he can afford the required amount because of his standard of living and what she has experienced living together.

An example will be if the father becomes disabled/withdrawn or remarries; and in the case of the mother, if a child`s needs have changed – special educational needs or sporting requirements. The law is clear that a person cannot “create a second nest” to disadvantage the first. If a father remarries and then has to support a “second” family, this financial obligation must not have a negative impact on his “first” family. A father cannot claim that the needs of his second wife are a reason for a reduction in child support for his first wife`s children. But other factors also play a role. They contain the necessary expenses of each parent, which determine the amount of their contribution, as well as the assets that the parents own. For example, if a father earns R100 per month and the mother earns R800-00, the father would pay most of the minor child`s expenses if he has other property worth R 100,000 to R00 and the mother does not. Hello. I need an advance. Last month, I opened a maintenance file. My baby daddy does not support the child well.

All the time, when we argue, he stops taking care of the child. So I decided to sue him. So sometimes he supports and sometimes he doesn`t. n We ended up separated. that is, after we have brought him to justice. As soon as he got it, I pointed it out. Then he came back to me and started behaving nicely with me. Buy things for the child. Our hearing date is next September.

So I want to know if it will affect my case in such a way that I will end up losing. If your spouse is unable to pay child support, you are entitled to child support from the child`s grandparents. Hello The maintenance court could help to obtain the father`s data. You will need to confirm with the court if another adult can help you if your mother is not available. We assume you are under 18 years of age. It is best to call them. The Civil Law (Miscellaneous Provisions) Act 2011 amended the legislation to give the District Court the power to treat a parent/spouse/partner`s failure to comply with a court order as contempt of court and to deal with it, including imprisonment. Valuable information can be obtained from the profile. For example, where he last asked for details about credit, employment and housing. If the father says he has no money, but has applied for a loan to buy a new car, there is clearly money.

Due to the fact that a baby is born, the father is responsible for paying child support. Hello Explain to the court the support contract you had. The court would decide how to proceed. As for your wife, if she pays for certain items, draw it on paper. You may want to ask questions to verify your financial participation. And yes, you can request a paternity test. I am a student, just like my son`s father. I recently found a nanny to take care of my child during my studies. He gives me R1400 a month, but sometimes he apologizes for not having the money. R800 goes to the nanny and R600 for child support, I tell him it`s not enough, but he doesn`t care. What must I do? I am a father and I pay child support, which I think is not fair to me because I have other children and I pay more for the 1 on which I pay alimony than the others.

What steps to take to reduce it. My question is, what rites can I get more days from my child as a father? Even if my wife refuses to settle anything. What legal steps can I take to see my child more than once a week if a father can fight for it? Hello, I paid alimony and bought clothes for my son according to the court order, until my mother approached me and complained that her son was fighting for this money every month, wanted to use it, he was 13 at the time and was not staying with his mother permanently. There is nothing I can prove that it was the mother who asked me to stop these child support payments, it was a verbal communication. Now the child is 16 years old and the mother still does not stay with him permanently.

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