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Question
Posted by: Anon | 2010-02-09

Maintenance

HI

Please can you help in giving case studies were the parent has decided to walk away from the children , but is still liable for maintenance.

What do you do if the parent has resigned from his job just so that he does not have to pay the arrears or maintenance.

Thanks

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Our expert says:
Expert ImageFamily law expert

In terms of the Constitution of South Africa (which is the highest law of our country),every child has the right “to family care or parental care, or to appropriate alternative care when removed from the family environment”. Every child has the right to basic necessities such as food, shelter, clothing, medical and dental care, education and social services.
Both parents have a legal duty to support their children.

The parent who is looking after the child has a right to apply to a Maintenance Court for the other parent to pay support.

Once there is a court order instructing a parent to pay child support, it is a criminal offence not to pay. There are special Maintenance Courts at every Magistrate's Court. Maintenance officers work in these courts and help people who want to apply for maintenance. They also deal with applications to increase or reduce maintenance payments.

I suggest that you visit your local magistrates court and embark on a procedure to bring the parent that is in default before court.

The information provided does not constitute a diagnosis of your condition. You should consult a medical practitioner or other appropriate health care professional for a physical exmanication, diagnosis and formal advice. Health24 and the expert accept no responsibility or liability for any damage or personal harm you may suffer resulting from making use of this content.

1
Our users say:
Posted by: Family law expert | 2010-02-10

In terms of the Constitution of South Africa (which is the highest law of our country),every child has the right “to family care or parental care, or to appropriate alternative care when removed from the family environment”. Every child has the right to basic necessities such as food, shelter, clothing, medical and dental care, education and social services.
Both parents have a legal duty to support their children.

The parent who is looking after the child has a right to apply to a Maintenance Court for the other parent to pay support.

Once there is a court order instructing a parent to pay child support, it is a criminal offence not to pay. There are special Maintenance Courts at every Magistrate's Court. Maintenance officers work in these courts and help people who want to apply for maintenance. They also deal with applications to increase or reduce maintenance payments.

I suggest that you visit your local magistrates court and embark on a procedure to bring the parent that is in default before court.

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