Question: Can A Parent Sue A Child For Maintenance In South Africa?

How far back can you claim child maintenance?

Child Support can only collect payments up to three months in arrears at the time you opt back in for Child Support to collect (in special circumstances this can be extended to 9 months)..

What should a father pay in maintenance?

On the basic rate, if you’re paying for: One child, you’ll pay 12% of your gross weekly income. Two children, you’ll pay 16% of your gross weekly income. Three or more children, you’ll pay 19% of your gross weekly income.

Do I have to pay child maintenance if my ex remarries?

If the mother moves in with a partner or gets married, that won’t affect the father’s maintenance obligations to his children, he will have to keep paying out exactly as before. But any obligation to pay maintenance to the ex-wife will cease if she remarries, or in some cases, cohabits.

How can I avoid paying child maintenance?

How ex-partners avoid paying child maintenanceCreating complex financial arrangements that are hard to keep track of due to self-employment.Putting a businesses in another name to distort personal wealth.Opening a limited company to make money unavailable.Reopening a case with the CMS after a legal agreement was already reached in court.

Can major child claim maintenance?

A major child can claim maintenance from his father in exceptional circumstances #indianlaws. … This will not be maintenance in strict sense as contemplated under Section 125 of the Code of Criminal Procedure or maintenance as contemplated under Section under Hindu Marriage Act.

Can a father claim maintenance from his daughter?

Daughter is also liable to pay maintenance to parents- An application under section 125(1)(d) of the code, by a father claiming maintenance from his married daughter is perfectly maintainable.

How much is maintenance for a child in South Africa?

Scenario B – Child Maintenance The monthly costs of this child are about R 25 000 – 00 per month. Should the parents separate, a claim for maintenance could easily be in the region of R 15 000 – 00.

Can I stop child maintenance if I don’t see my child?

The Child Maintenance Service (CMS) will write to you when someone has said you’re the parent of their child and asked the CMS to arrange maintenance. If you’re the child’s parent, you have to pay maintenance even if you don’t see them. … You might have to pay until you can prove you’re not the child’s parent.

Can parents claim maintenance from married daughter?

Whether she is married or not she is entitled to give maintenance to their parents. However, before passing the order to the married daughter, she can give maintenance only when her husband is financially stable and independent. … Adoptive mother rights for maintenance is the same as the biological mother.

What rights does a father have in South Africa?

According to the Children’s Act of South Africa (38 of 2005), even after a divorce, the biological father of a child still has full parental rights to his child/ ren, unless a court orders otherwise. While married fathers have these rights automatically, unmarried fathers do not.

Can child maintenance be backdated?

The CSA do not backdate new claims. If an application is made with the CSA, your responsibility to pay will start from around the time the CSA contact you. If the child’s mother had previously opened a case fifteen years ago with the CSA then they may be backdated payments owed.

Who is entitled to claim maintenance?

According to Section 125(1), the following persons can claim and get maintenance: Wife from his husband, Legitimate or illegitimate minor child from his father, Legitimate or illegitimate minor child (physical or mental abnormality) from his father, and.

Can a mother withhold a child from the father South Africa?

It is important to note that maintenance and access are treated separately in terms of South African law. … It also means that one parent cannot withhold access to the child or children because maintenance has not been paid.

Can I sue my father for not being in my life?

As a general rule, there are no tort claims related to parenting. In short, you cannot sue a parent for being a bad parent. If a parent is so bad, that becomes an issue for child protective services and juvenile courts, the child does not have a cause of action to sue parents.

How much child maintenance should a father pay South Africa?

So for example, if it is decided that the monthly costs of the child are R6 000, and parent A earns R20 000 per month, and parent B earns R40 000 per month, parent A will have to pay one-third of the child’s costs (R2 000) each month, and parent B will pay two-thirds (R4 000) per month.

Can a parent sue a child for support?

There is one circumstance where a child can sue a parent for back child support. The child must be a court-appointed representative of his or her custodial parent’s estate. … If the child is not a court-appointed representative of their parent’s estate, they will not be able to personally sue for back child support.

Can my ex refuse to pay child maintenance?

You aren’t responsible for making sure your ex-partner pays child maintenance. If he or she doesn’t pay, the CMS can take enforcement action, such as taking money directly from their wages or forcing the sale of a property or belongings.

Can major claim maintenance?

Children who become major and do not suffer from any disability can also claim maintenance from their fathers like children under the age of 18. They can get educational expenses as well under section 125 of the Cr. P.C. in the state. … No father is expected to bring up a criminal or a disorderly person.

What age do you stop paying maintenance for a child in South Africa?

18 yearsIn South Africa, a parent’s duty to support a child does not cease when the child reaches the age of majority (18 years) but usually ceases when the child becomes self-supporting.

Does back child support go away after child turns 18?

Those who are late making child support payments are said to be “in arrears.” As noted above, this debt does not go away, even after the child turns 18. So even though the child has reached the age a majority, the payments that should have been made before he or she turned 18 are still enforceable after that.

Can I sue my parents for taking my money?

You may be able to sue her. It depends on how the money was left. … You can visit the probate court in the county where your father died and review his probate file to see how the money was left. The staff at probate court may be able to give you some guidance as to what your mother can and cannot do with the money.