Visit the nearest magistrates’ court to apply for child maintenance and take the following documents

• Birth certificate of your child/children.
• Your identity document.
• Proof of residence.
• A divorce settlement.
• Proof of your monthly income and expenses.

How much maintenance must a father pay in South Africa?

In order to claim for maintenance, you must first determine the reasonable needs of the child on a monthly basis. There is no hard and fast rule, but generally the child’s share of the common expenses in the household is determined by allocating one-part per child and two-parts per adult or older child.

How much maintenance should ex pay for one child?

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.

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.

Where do I file for maintenance?

An application for maintenance under Section 125 CRPC can be filed before a Judicial Magistrate of First Class in the district where the husband or the wife resides or where they used to reside.

Can a circuit court direct that a maintenance order be paid?

The District Court in making a maintenance order can direct that the payment under the order be made to the District Court Clerk if the court considers that it would be proper to do so. The Circuit Court may as part of its order direct that a maintenance order is payable through the District Court.

What happens in a child maintenance court case?

This they would do through the Maintenance Court enquiry process. Once a maintenance order is made, it becomes a criminal offense not to adhere to it. The court may even issue a warrant attaching property, or salary. Each maintenance court has a maintenance investigator. What this investigator does is gather evidence in a maintenance court case.

How much money can I get from court for maintenance?

If the parties cannot agree on the amount of maintenance to be paid, it will be necessary to apply to the District or Circuit Court, depending on the amount of maintenance that is sought. At present, the District Court can award any amount up to €500 per week for a spouse/civil partner, and €150 per week for each child.

Can a maintenance agreement be reached between two parties?

If both parties agree, the amount of maintenance to be paid can be agreed between the parties. If the parties cannot agree on the amount of maintenance to be paid, it will be necessary to apply to the District or Circuit Court, depending on the amount of maintenance that is sought.