Success at Johannesburg High Court for Pagel Schulenburg
Our offices were recently successful in opposition of a matter [...]
Understanding South African maintenance laws for adult children during divorce proceedings
Maintenance claims, specifically in respect of children, are quite common [...]
What are the different types of marriage contracts in South Africa?
South Africa recognises several types of marriages, each with distinct [...]
Understanding your parental responsibilities and rights in South Africa
Being a parent is a huge responsibility, and when it [...]
How does child maintenance work in South Africa?
In South Africa, each and every child is entitled to [...]
Supreme Court of Appeal decision confirms 30 year prescription in respect of maintenance obligations
“Prescription” is a legal concept that governs the period within [...]
The Matrimonial Property Systems in South Africa
The Matrimonial Property Act 88 of 1984 (the Act) governs [...]
How is child maintenance calculated?
First and foremost, it is important to note that both parents, in terms of the Children's Act, have an equal responsibility to contribute towards a minor child's monthly expenses. Both parents have equal responsibilities and rights towards a minor child as well as equal rights of contact, irrespective of whether one parent contributes towards the minor child's monthly expenses or not. Contact with the minor child cannot be withheld by the one parent should the other parent not contribute towards maintenance, however, the failure to contribute towards maintenance is a criminal offence and a Section 31 summons may be issued.