Maintenance and Child Support in South Africa

Maintenance and Child Support in South Africa

Every magistrate’s court in South Africa is within its area of jurisdiction a maintenance court for purposes of the Maintenance Act 99 of 1998.

Any party to the proceedings under the Maintenance Act may be represented by a legal representative.

Lodging your complaint

To commence proceedings in an application for maintenance or an application for the substitution or discharge of an existing maintenance order, the applicant (or complainant as he is called in the Maintenance Act) must lodge a complaint in writing with the maintenance officer at the maintenance court, to the effect that

  • the person legally liable to maintain the complainant or person (for example, dependent child) on whose behalf maintenance is claimed is failing to do so; or
  • good cause or reason exists for the substitution (increase or decrease) or discharge of an existing maintenance order.

Applying for a maintenance order

In the first instance the complaint must be made in form A of the Annexure to the Maintenance Regulations (GN R1361/15-11-1999). The complainant must state in the complaint the reason why the person from whom maintenance is claimed is legally liable to maintain the person in respect of whom maintenance is claimed. The following people have reciprocal duties to maintain each other:

Parents & children

Both parents of a child have a duty to maintain the child according to their respective means. The duty exists irrespective of whether the child is adopted, born in or out of wedlock, or born of the first or a subsequent marriage.

When the court makes an order in respect of the maintenance of a child it will take into account inter alia

  • what the reasonable maintenance needs of the child are;
  • that both parents jointly have a duty to support a child; and
  • that the parents’ respective shares of their obligation are apportioned between them according to their means.

Husband & wife

At common law this duty comes to an end on divorce. However, in terms of the Divorce Act 70 of 1979, the court granting the decree of divorce may make an order directing one spouse to pay maintenance to the other spouse after divorce, either by agreement between the parties or, in the absence of such an agreement, after taking into account various factors set out in s 7(2) of the Divorce Act. If no such order was granted at the time of the divorce, the divorcé cannot at a later stage approach the maintenance court for an order directing his ex-spouse to pay him maintenance. However, if such an order was granted by the divorce court, the divorcé may approach the maintenance court at a later stage to apply for a substitution (increase or decrease) or the discharge of the existing order, provided that good cause exists for such a substitution or discharge.

Application for substitution or discharge

In the second instance, ie where application is made for the substitution or discharge of an existing maintenance order, the complaint must be made in form B of the annexure to the Regulations Relating to Maintenance (GN R1361/15-11-1999). The complainant must state the alleged reason or cause on which he relies for such substitution or discharge of the maintenance order.

In both instances, ie when application is made for a maintenance order or for the substitution or discharge of an existing order, the complainant must provide full details of his assets, income and the monthly expenditure in respect of himself and the children on whose behalf maintenance is claimed, supported by documentary proof. This information must be attested to under oath. Form A and form B to the Regulations Relating to Maintenance contain all the necessary information, including a comprehensive list of monthly expenses. The attorney should assist his client to complete the relevant form in full to avoid the matter being referred back to the complainant for further information, which will result in delay. Once the relevant form has been completed, it must be handed to the maintenance officer at the maintenance court who will issue a reference number for the particular matter.

The investigation

Once the complaint has been lodged with the maintenance officer, the latter will investigate the complaint. For purposes of the investigation, the maintenance officer may subpoena both the complainant and the defendant to appear before him on a date and time mentioned in the subpoena and to provide, inter alia, information regarding the financial position of the people affected by the application. In practice, to save costs, a subpoena is normally served on the defendant only, whereas the complainant receives mere written notification of the date and time of the investigation.

The investigation affords the parties’ attorneys the opportunity to exchange information regarding the maintenance needs of the people in respect of whom maintenance is claimed and the financial position of the parties. Settlement negotiations often take place at the informal inquiry. The normal rules relating to discovery do not apply in the maintenance court. The attorney should, therefore, at the investigation make use of the opportunity to obtain as much information as possible from the opposing party, necessary for the preparation of the inquiry (trial). It is advisable that a list of the documents and information required for purposes of such preparation be prepared in advance and handed to the opponent at the investigation. The magistrate may be requested to warn the party requested to furnish the information and documents, within a certain period of time.

The inquiry

After the maintenance officer has investigated the complaint he may institute a formal inquiry, which is in effect a maintenance trial before a magistrate of the maintenance court. A date for the inquiry must be arranged with the maintenance officer and magistrate. The magistrate will warn both parties to be present at the inquiry.

The maintenance officer may subpoena any person to appear before the maintenance court on the day of the inquiry and to give evidence under oath or affirmation, or to produce any book, document or statement relating to the financial position of any party affected by the legal liability of a person to maintain any other person. This includes full particulars of the person’s earnings signed by his employer. If the attorney of any of the parties to the proceedings requires a person to be subpoenaed to give evidence regarding the financial position of either of the parties or to produce a book, document or statement as referred to above, he should approach the maintenance officer and request that a subpoena be issued in respect of such a person.

At the maintenance inquiry the court may also examine any person who is present at the inquiry although he was not subpoenaed as a witness, and may recall and re-examine any person already examined.

The normal rules of evidence applicable in respect of civil proceedings in the magistrate’s court apply in respect of the inquiry.

At the inquiry documentary evidence in the form of a statement in writing by any person other than the person against whom a maintenance order may be made may be placed before the court as evidence, provided that a copy of the statement together with any documents referred to in the statement are served on the person against whom a maintenance order may be made at least 14 days before the date on which the statement is to be submitted as evidence. Such person may then, at least seven days before the commencement of the inquiry, object to the statement being submitted as evidence.

It is important to note that the maintenance court may take into account any evidence in any proceedings in respect of the existing maintenance order or accept as prima facie proof any finding of fact in any such proceedings. In other words, evidence led and findings of fact in a divorce action may at a later stage be used in proceedings in the maintenance court. The record of such evidence or findings shall on its production at the inquiry be admissible as evidence, and so will any copy or transcription or extract from it certified as a true copy, transcription or extract by the registrar or clerk of the court or any other officer having custody of the records of the court where the existing maintenance order in question was issued.

After consideration of the evidence at the inquiry the maintenance court may decide as follows:

  • Where no maintenance order is in force, the court may make a maintenance order against the person proved to be legally liable to maintain the person in respect of whom maintenance was claimed. The court may be requested to order that the maintenance be paid in at the maintenance court where the complainant will then have to collect the payments from month to month, or that the maintenance be paid into an account at a financial institution by stop order or in another manner.
  • Where no maintenance order is in force the court may also make an order, in the case where maintenance is to be paid in respect of a child, for the payment to the mother of the child of such sum of money together with interest thereon, as the mother is in the opinion of the maintenance court entitled to recover from the person in respect of expenses incurred by the mother in connection with the birth of the child and expenditure incurred by the mother in connection with the maintenance of the child from the date of the child’s birth to the date of the inquiry.
  • Where there is already a maintenance order in force, the court may substitute the existing maintenance order with a new order or discharge the existing maintenance order, or the court may make no order.

Maintenance orders by consent

A maintenance order may also be obtained by consent.

The person against whom the maintenance order is sought must consent in writing to the maintenance order being granted. A copy of the written consent must be handed to the maintenance officer at the inquiry. Where such written consent has been obtained it is not necessary for the person against whom the order is to be made to appear in court at the inquiry. An example of such written consent can be found in part A of form G of the annexure to the Maintenance Regulations. A copy of the order made against the person not present at the inquiry must be delivered or tendered to him by a maintenance officer, police officer, sheriff or maintenance investigator. The return of any such officer, sheriff or investigator showing that a copy was delivered or tendered to the person shall be sufficient proof of the fact that he is aware of the terms of the order.

Maintenance orders by default

A maintenance order may also be obtained by default.

If the person against whom a maintenance order is sought does not appear in court on the date and time mentioned in the subpoena issued for his attendance at the inquiry to give evidence or for the production of a book, document or statement, the complainant may apply to court for an order by default. This application may be brought through the maintenance officer on the date of the inquiry.

The court must be satisfied that the person against whom the order by default is sought has knowledge of the subpoena issued for his attendance at the inquiry and/or to produce any book, document or statement at the inquiry. The return by a maintenance officer, police officer, sheriff or maintenance investigator showing that the subpoena was served on such person will be sufficient proof that he has knowledge of the fact that he had to attend court or that he had to produce a book, document or statement, as the case may be.

The court may request the complainant to adduce evidence in writing or orally, in support of his complaint, before an order by default is granted.

A copy of the order by default must be delivered or tendered to the person against whom the order was granted, by any maintenance officer, sheriff, police officer or maintenance investigator. The return by such officer, sheriff or investigator showing that a copy was delivered or tendered to such person will be sufficient proof that he is aware of the terms of the order.

The person against whom the order by default was granted may apply to the maintenance court for the variation or setting aside of the order within 20 days after the day on which the person became aware of the order by default or within such further period as the maintenance court on good cause shown shall allow. Notice of an application to set aside an order granted by default must be given to the person who lodged the complaint at least 14 days before the day on which the application is to be heard.

Appeal

Any person not satisfied with the order made by the maintenance court may appeal against such order to the High Court having jurisdiction.

Enforcement

When a person against whom a maintenance order has been made fails to comply with the terms of the order, and the order remains unsatisfied for a period of ten days, the person in whose favour the order was made may apply to the maintenance court where the person against whom the order was made is resident, for authorisation to issue a warrant of execution or for an order for the attachment of emoluments or for an order for the attachment of debt.

An order for the attachment of emoluments may also, on application by the complainant, be granted in respect of future monthly maintenance payments. The effect of such an order is that the defendant’s employer will be directed to deduct the amount mentioned in the order monthly from the defendant’s salary and to pay such amount to the complainant on behalf of the defendant.

Warrant of execution

The warrant of execution must substantially correspond with form L of the annexure to the Maintenance Regulations and must be prepared in triplicate.

The complainant must prepare part A of form L and thereafter the form must be lodged in triplicate with the clerk of the maintenance court concerned, who will issue the warrant of execution by preparing part B of form L of the annexure, provided that he is satisfied that

  • authorisation for the issuing of a warrant of execution was granted; and
  • the warrant of execution has been properly prepared;
  • The clerk of the maintenance court will, after the warrant of execution has been issued,
  • return the original warrant of execution and one copy to the complainant; and
  • file the second copy of the warrant of execution in the relevant court file.

The original warrant and a copy must be handed to the sheriff or maintenance investigator for execution. Such person shall complete part C and, if applicable, part D of form L of the annexure and return the form to the clerk of the maintenance court, once the warrant has been executed.

The person against whom a warrant of execution had been issued may apply to the maintenance court concerned to have the warrant of execution set aside or suspended, by giving notice of his intention to make the application to the person in whose favour the maintenance order was made at least 14 days prior to the date on which the application is to be heard. The court may at the hearing of the application request either or both parties to adduce evidence in writing or orally, as the court considers necessary.

The court may, when suspending a warrant of execution, grant an order for the attachment of emoluments or the attachment of debt.

Attachment of emoluments

The complainant may request the maintenance court to make an order for the attachment of any emoluments at present or in future owing or accruing to the person against whom the maintenance order was made, for the amount necessary to cover the amount such person has failed to pay, together with interest thereon as well as the costs of the attachment. This order will authorise the employer of the person who failed to comply with the maintenance order to deduct from that person’s emoluments and to pay on that person’s behalf the amount specified in the order until the amount due, plus interest and costs, has been paid in full.

To give effect to the order for attachment of emoluments, the maintenance officer shall within seven days after the order was granted cause a notice with a copy of the order to be served on the employer of the person against whom the order was granted. The notice to the employer must substantially correspond with part A of form O of the annexure to the Maintenance Regulations.

An order for attachment of emoluments may, on application by the person against whom such order was granted, be suspended, amended or rescinded. Notice of such application must be given to the person in whose favour the maintenance order was made at least 14 days prior to the date on which the application is to be heard. The application must substantially correspond with part A of form N of the annexure to the Maintenance Regulations whereas the notice must substantially correspond with part B of the form.

Attachment of debt

The maintenance court may on application by the person in whose favour a maintenance order was made, or when it suspends a warrant of execution, make an order for the attachment of any debt at present or in future owing or accruing to the person against whom the maintenance order was made, for the amount necessary to cover the amount which the creditor failed to pay, together with interest thereon as well as the costs of the attachment. This order will direct the person who has incurred the obligation to make the payment specified in the order.

As in the case of the attachment of emoluments, an order for the attachment of debt may, on application by the person against whom the order was granted, be suspended, amended or rescinded. Notice of such application must be given to the person in whose favour the maintenance order was made at least 14 days prior to the date on which the application is to be heard. The application must substantially comply with part A of form P of the annexure to the Maintenance Regulations, whereas the notice must substantially correspond with part B of the form.

Compiled by Bertus Preller

Family Law Attorney

Abrahams and Gross Inc.
http://www.divorceattorney.co.za

info@divorceattorney.co.za

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44 thoughts on “Maintenance and Child Support in South Africa

  1. my daughter was 15 when she fell pregnant. we decided to keep the baby and she is registered on our surname. the father of the child is 20, and he wants us to let him go without him paying maintenance because he is not interested in the baby. how can we claim maintenance from him?

    i feel that he created this baby and he must also be held responsible.

    • Best would be to visit your local magistrate’s court and obtain an order that he pays maintenance. Non-payment may result in being in contempt of a court order and he could be arrested. You may also consider claiming from his parents in the event that he does not make payment of the minor’s maintenance.

    • The father of the child is responsible to pay maintenance and I would suggest that the maintenance court be approached in order to institute proceedings. In South African law, the parental grandparents may also be held accoutable to pay maintenance.

  2. I need help desperately. The father of my child 15 years refuse to pay maintenance. He have 2 be in court 25 jan 2011 but he didnt show up what must i do. Plz i need help

  3. My ex and I have a child born out of wedlock. He wants nothing to do with the child. If I were to claim maintence from him, and does not want to see the child, can he forfeit his visitation rights and still pay for the child? Also if he were to die what would my child be entitled with regards to his pension/estate if he does not include her or does but at a extremly low percentage? Can I get him to pay for her tertiary education/medical aid as well?

    • He can’t forfeit his parental rights unless you approach the court on application to do so, but then any such an application should be in the interests of the minor child. The fact that a father of a child does not pay maintenance, does not mean that he is not entitled to contact with that child. The child will have a claim against the father’s estate for maintenance, should the father pass away. You can claim for tertiary eductaion and medical.

  4. My husband’s minor sister (aged 14) is in our full care. We have been unable to receive maintenance from the father or the mother for this child. We have approached the welfare who in turn told us they cannot apply to children’s court to have us registered as her legal guardians, as the mother is not deemed an unfit parent. the father is though, as he has sexually abused and physically abused his children. So we ended up making a private arrangement in the presence of the social worker with the mother, that the child is in our care as she is not employed in a stable job and cannot provide financially for the child. The father has no contact, does not attempt to contact and has no interest in the child. He last saw her three months ago, by accident when we went passed his mother (the child’s grandmother’s house)

    Are we able to apply for maintenance from him for this child even though we are not her “legal” guardians… she lives with us, we pay her school fees, medical expenses… all of which is draining our finances as we are only 24 and 22 years old and only married 9 months. The school has declined our application for reduction in school fees as we are not her legal guardians, and we have attempted to beg and plead with the father to take his payslip to the school (he is employed full time), but he refuses.

    What are our rights in this matter? We do not have the finances to seek legal council

  5. Hi

    I am from Cape Town, have a five year old son. My ex has for the last three month’s not paid our son’s maintenance. I have been to Kuilsriver court to file complaints on a Form Q, our last hearing in front of the maintenance officer was on 19 April where it was ordered that ex pays R2420 (which is the maintenance amount) plus R100 towards the arrears of R4840. An undertaking was signed by both ourselves as well on that date.

    Ex has SURPRISINGLY not paid our son’s maintenance AGAIN this month. I cannot take time off work every single time to file a complaint on a Form Q with no outcome!!!!!! WHAT MUST I DO?!?!

  6. Also I need to ad that on our decree it states that ex is liable for son’s medical aid but also surprisingly he has failed to adhere to the same. IT IS A BREACH OF A HIGH COURT ORDER but yet nothing gets done about this.

    Ex has an interdict against me and he can pick up the phone now and the police will be at my front door in half an hour but I have a HIGH COURT ORDER and yet this means absolutely nothing.

  7. I urgently need advise.

    My 19 year old daughter out of wedlock is pregnant. I have been paying maintenance since from the first day for the past 19 years. She is a full-time student at the university from this year. She is about 5 months pregnant.

    What are my rights regarding maintenance payments? Am I still liable to pay maintenance? She has now threatened to take me to maintenance court.

    please assist urgently

    • You will be liable to pay maintenance until a child is self supporting. Rather meet with her and agree on a reasonable amount. The court will take into consideration the fact that she is also able to find vacation work that can alleviate any maintenance that you need to pay.

  8. My ex girlfriend is pregnant out of wedlock she is now 5 months pregnant and we no longer together… She told me that she had been having an affair while she was pregnant so we broke up and at that time I was unemployed, she does not know that I am working again and she says she is going to now sue my parents for maintenance… Is that possible?

    • She may claim from your parents if you are unable to pay maintenance, however, she is also at liberty to make a contribution to maintenance. I suggest that you meet with her in order to agree on maintenance, if you can’t agree on an amount, then the maintenance court will ultimately fix the monthly maintenance. If you do pay maintenance she will not be able to claim against your parents.

  9. Ok last thing I would like abit of advice on… Is it a big mission for me to get joint custody of the baby?? We live within a 5 minute drive from each other!!!

  10. My son 17 has a child with a 18 year old girl. He is a full-time student. Can grandparents be held responsible for maintenance?

  11. We are divorced with my ex from 2008, childs maintenance was satled on the divorce decree. I have been paying mantenance not on her bank acc.in the first few months after the divorce, I was also paying full bond for the house they were living in bofore it got sold. I paid full school fees and addaitional for the tutor who was giving my son extra classe as he was distured by the divorce and hence couldin’t cope at school. In 2009 I was ganished for arears without beeng called to the court, when I tried to query it I, the maintenance wouldn’t even look at my proof that I was paying. The arears she claimed was R4 800 at the monthly pay of R500. I have been paying these arears from May 2009 up untill today. I have been to the maintanence officer twice. her answer is I should get my legal advicer because she can’t help me, when she trys to get hold of my ex she slammed the phone on her ear and at work they say they won’t stop the ganish till I get the letter from the court instructing them to stop. My ex is working in the justice system. I feel very much let down by the justice system because, the prcedure wasn’t followed in the first place and now I have paid the full amount off what was claimed but they still don’t want to stop the ganish. Please help.

  12. hi i would like to pay my maintance money to maintance court thank you.could you please give me appropriate details

  13. my daughter of 20 have a baby girl age 2 and a half years old i still support her till she fifnished her school(after she went back to complete her grade 12 i am still support her and het mother ask for increase and she finsihed school do i still have to support her or can i claie my money back she felt pregnant at the age 16 and a half .

    • at age 18 – If you stop paying maintenance for the child … the child has to then take you to court.
      may be an option? … but, may also sour your relationship with your daughter.

      It seems that the hold your ex & daughter have on you is an emotional one.

  14. Hi there – I am wanting to know about varying a court order?
    There is an existing court order for R1900 per month that I pay, which includes school fees … I have subsequently been contacted by my childs school & my ex has not paid this in 3 months – I paid the arrears amount, & now would like to pay the school directly (for the schooling amount).

    How do I go about making a variation to the existing order? … bear in mind that Im not looking for a decrease, just to change how my finds are distributed.

    Thanks,
    Justin

    • Ok – just an response to my own post (as no one has posted)

      So, I filled in a maintenance variation order through the local courts, stipulated how I wanted to pay the amounts, & just did my payments that way…. I now pay the school directly, deduct the arrears Ive paid (broken into small monthly payments & deducted from my maintetance amounts) – end up paying the ex the balance.

      I think the variation application form is available online from http://www.justice.gov.za/forms/maintenance/MNT_Form%20I.pdf

      The thing is that now my ex has to take me to court If she doesnt agree.

  15. I have a question, my boyfriend has a child out of wedlock with his ex before me, she took him to court for maintenance. not too long ago the baby got sick and she took the child to the most expensive hospital in town without any concent from my boyfriend stating that he’ll pay the bills, can she sue him for half or the full hospital bill? she also doesn’t work so what can he do to not be held liable for this hospital bill? see she took the child to the most expensive hosiptal in town on purpose cause she had to option of taking the child to the a government hospital. Please help. am desperate for legal advice!!!!!

    • check the maintenance order that he pays … this will outline what the maintenance is to be used for. If it just states a value (ie: R2500 per month) – with no additional info – its assumed that that is all encompassing & the mother needs to make any payments from this amount.
      If the maintenance order states.. plus half or full medical expenses, he may be liable – obviously, If he cant afford it, then thats another issue.

      Unless your boyfriend has signed ownership of the medical account he shoulnt be liable for the payment. She cant sue him personally for an account he never signed for.
      She can try sue him for the bills through the maintenance court … but, that can take years from her side.

  16. Hi there,

    my daughter and her 4year old son has been living with me since July 2010 and is now in the process of getting divorced. from July to Nov no maintenance was paid and in Dec he appointed a lawyer and he was forced to pay maintenance over to my daughter. The maintenance was paid, i think under duress from his side, butsince March it was getting paid later and later. This Last month no maintenance was paid and his excuse wa is that he 1) his salary was not paid on the 25th 2) his is waiting for his salary to clear and 3) his laywer advised my daughter that his salary was not paid. My dausgter did some investigating herself and he was in fact paid on the 25th as he did all the other months. what can my daughter do to get this man pay regualry? SHe does not have a lawyer and needs some advice

  17. please I need help> I got divorced 2 years ago. The mother of our year old daughter is now denying me ANY acces even telephonically. I now stopped paying maintenence. she has a warrant out for my arrest. ANY SUGGESTIONS?

    • Family advocates … its a free service. take her to a mediation process through them .. family advocates work closely with the court.

      unfortunately, withholding maintenance is a legal issue … but, you can get a maintenance varition order by applying for it via your local maintenance courts … they will subpoena your ex & you can discuss the matters with them.
      By doing a variation application – it will stop any threats for arrest… as it then becomes a matter under investigation.

      Something to consider is to open a bank account for the child – & keep paying the maintenance into the childs account whilst matter is going on – this way, you still have proof of payment, & are not withholding the monies.

      Also, childrens court is another way to go.

    • i did a section 21 applicatiion through family advocates … (for unwed fathers) – which then gave me full rights & resposbility to my 8 years old daughter.
      In that agreement it stated access, as well as telephonic access at any time …. now, this section 21 was not a court order – but, if its broken, I can use it to get an order …. maybe, its something to consider?

  18. I would like to know if a divorced man remaries and he unable to pay the maintenance as per the court order, due to unemployment, can his new wife be held responaible to pay the maintenance.

  19. Hello. I pay my maintenance every month even if i struggle to come up with the money. The court order said that i must have the kids every second weekend and every second holiday. I have not seen the kids in two months and I am not informed of whats happening in their lifes, it was part of the settlement agreement. When I ask her ,when are they coming to visit, she only reply that they dont feel like coming. What can I do. Can I write them off since I dont see them and they dont want to come. The one is four and the other is ten. If I write them off do i still have to pay

  20. Hi I need to know what happens if the plaintiff does not show up. Does the court dismiss the case ?This has been an ongoing case for years but the plaintiff just did not show up cause she was sick.
    Please advise
    Thanks

  21. I am married to my second husband. I have a daughter from a previous marraige and two girls with my current husband. I want to apply for an increase in maintenance and approached the maintenance court for the necessary documentation. As part of the docs I need to complete it asks for my income and assets, and according to the person in the maintenance office this is needed to calculate what proportion of the expenses the father needs to pay. I have not worked since getting married six years ago. I am married with accrual, will my husbands income then be classed as my income? Or how will this be calculated.

  22. Hello. My husband has been paying maintenance and all othere expenses for his two children. The daughter who is now 16 decided to come and live with us. Do we still have to pay ex maintenance for her. In the divorce order it only stated that father should pay maintenance and medical, not all the rest which he has been paying. As the son will be going to high school next year – which is a lot more expense than primary school, he has asked the ex to share the financial burden – can he do that

  23. I have divorced 15 years ago, my two children remained in my ex wife custody. I payed all the maintanance, school, books, entertainment for both children until they were 21 years old. I payed for my daughter plain ticket and fees to work as a babysitter in USA . Last week I received a letter from the lawyers that she wants now to study to become a cheff and I have to pay 86 000 R for the course and accomodation, food, etc. Will I be foeced by law to pay this amount? In the divorse documents it is stipulated that I am responsible to pay for her tertiary education.

    So what should I do, for how long I am responsable to pay for her? she is 23 years old now.

    • If the court order stipulated that you have to pay for tertiary expenses then obviously you will have to. I do however suggest that you refer the matter to the maintenance court so that the court can investigate the matter. If you do not have the means to pay then obviously this will have to be taken into regard, also the fact that your daughter should also in some way contribute.

  24. I have a child out of wedlock and the father of my child left me when he found out I was pregnant and have not heard a word from him until 7 month in my pregnancy he tells me that he want to “ascertain” things and I have advise him that he more then welcome to do paternity after saying this I have not heard from him again. Baby is now born and he now does not want to be part of the babies life. He has a well established business. Can I claim for medical aid expenses,school(for my babies future as he is a newborn still)Food ,my confinement expenses(before,after and within)? The other thing is he is a foreigner which lives in SA , would this cause a problem when clAiming for child support ?

    • Dear Carol, you will be entitled to claim for maintenance and this will include a claim for your medical expenses. If he contests paternity the court may request that paternity tests be held. I suggest that you go to the nearest magistrate’s court to start the process.

  25. Thank you for the quick responds . Will I be the one that has to pay for the paternity ? If I’m correct the court will require him to furnish them with an income and expenditure sheet bt I’m a bit concern as none of his assets are on his name as and
    all of his assets is on the company name and he has a business partner Would it have any effect on the ma claim ? And the other things is that I don’t want to go thru the whole process and only get a R300 cause he say that’s the only amount he can afford …

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