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Child support law in Johannesburg falls under the umbrella of South African Family Law. It stipulates that both parents have a legal obligation to provide for their children according to their means. The primary goal is to ensure the child's welfare is catered for, taking into account their housing, education, nutrition, medical, and general living expenses.
Understanding child support law can be complex. You may need a lawyer in several situations such as when you need to work out the amount of child support to be paid, want to change an existing child support order, or are facing difficulties in collecting child support due. A lawyer can also be instrumental in cases where parentage is disputed. Lawyers guide you through the legal process, protect your rights, and work towards securing a favourable outcome.
Per the South African Children’s Act, 2005, if parents are unable to agree on the amount to be paid, the court decides considering the earnings and affordability of both parents. The law mandates that a parent can be penalized if they unjustifiably refuse or neglect to pay the agreed amount. The Maintenance Act, 1998 empowers the court to attach the defaulter's salary or wages to enforce payment.
Who is responsible for paying child support? Both parents are obligated to support their children financially based on their income and assets.
What happens when child support is not paid? The custodial parent can approach the court to enforce payment. The court has the authority to take strong measures such as garnishing wages.
Can child support orders be modified? Yes, child support orders can be reviewed and modified based on changes in the financial circumstances of the parents.
Until what age is a child entitled to receive support? Child support should be provided until the child becomes self-supportive, usually at 18 years. However, it can extend if the child is still in school or has special needs.
Can child support cover expenses other than basic necessities? Yes, it can cover costs related to education, medical expenses, extracurricular activities, and other expenses deemed crucial for the child's wellbeing.
For further assistance, consider consulting the South African Department of Justice and Constitutional Development, the Legal Aid Board of South Africa, or community-based advice offices. There are also numerous non-profit organizations offering guidance on child support issues.
If you require legal assistance with your child support issue, firstly gather all relevant information and documentation. This includes income details, childcare expenses, and investment data if any. Then, consult with a legal professional specializing in Family Law to discuss your case and explore your options.
