|
Description
Maintenance is the obligation to provide another person, for example a minor with:
- housing
- food
- clothing
- education
- medical care
- means that are necessary for providing the person with these essentials.
This legal duty to maintain is called the duty to maintain or the duty to support.
Who must provide maintenance?
The duty to maintain is based on blood relationship, adoption, or the fact that the parties are married to each other.
A child must be supported or maintained by:
- parents, whether married, living together, separated or divorced, including parents who have adopted the child
- grandparents, whether or not the child's parents were married to each other. However, this varies from one case to another.
The duty to support a family member is not limited to supporting a child. Any family member, irrespective of age, can ask any family member to support or maintain the child, provided that the following two conditions are met:
- the family member:
who claims support is unable to maintain oneself
from whom maintenance is claimed is able to afford the maintenance claimed.
What expenses may be claimed?
You may claim reasonable support that is necessary for providing the child or other person who has a right to maintenance with a proper living and upbringing. This includes providing necessities such as food, clothing and housing, as well as paying for a proper education. The court may also order the father to contribute to the payment of laying-in expenses and maintenance from the date of the child's birth up to the date on which the maintenance order is granted. The court may also grant an order for the payment of medical expenses, or may order that the child be registered on the medical scheme of one of the parties as a dependant. To enable the court to grant a fair maintenance order, both parties must provide the court with proof of their expenses.
Your view of the other parent's behaviour has no effect on your children's right to maintenance. You still have to pay maintenance, even if the other parent:
- remarries
- is involved in another relationship
- does not allow you to see the children
- if either party later has more children.
Your duty to pay maintenance and your right of access to your children are two entirely separate matters and one has no relation to the other. Furthermore, children of either party do not influence the duty to support. However, the amount of maintenance to be paid may be amended by the court if either of the parties should bring such an application.
|