About Child Support Law in Germiston, South Africa
In South Africa, both parents of a child have an equal duty to financially support their child until the child becomes self-supporting. The regulation on child support is primarily governed by the Maintenance Act, which is applicable in Germiston too, a town located in the East Rand of Gauteng Province. The South African law states that it is the right of every child to be provided with reasonable living costs and education expenses, whether their parents are married, divorced, or never married.
Why You May Need a Lawyer
Legal help may be necessary in various situations related to child support. For instance, if the other parent refuses to pay child support or disputes the amount required. A lawyer can also assist in modifying the child support order based on changes in a parent’s income or custody arrangement. If you are experiencing difficulty in the enforcement of the ordered child support, a lawyer can explain your legal rights and the procedures to ensure that your child is provided for.
Local Laws Overview
In Germiston, the Maintenance Act 1998 requires both parents to provide for their child financially. The law takes into account the incomes of both parents and the child’s cost of living. Additionally, the court considers each parent's expenses and standard of living. Non-compliance has legal implications, and child support in arrears cannot be cancelled or reduced by a court. The law also stipulates that a maintenance order remains in force indefinitely until discharged or varied by a court.
Frequently Asked Questions
1. Can a child support order be altered?
Yes, if circumstances change, either parent can apply to the court for a change in the maintenance order.
2. What happens if the parent liable for child support refuses to pay?
Non-compliance to maintenance orders is a crime. The defaulter may be subject to legal consequences which could include attachment of their salary or even imprisonment.
3. Until what age is a parent legally obligated to support their child in Germiston?
The law requires a parent to support their child until the child is self-supporting, irrespective of the child's age.
4. Can child support be claimed retroactively?
Yes, retroactive child support can be claimed. However, it is generally awarded from the date of the application and it's upon the court's discretion.
5. Are step-parents required to pay child support?
In most cases, step-parents are not obligated for child support unless they have legally adopted the child.
Additional Resources
The Department of Justice and Constitutional Development and the Family Advocate Office can provide helpful information regarding child support matters. Furthermore, Legal Aid South Africa also offers legal advice and services for those unable to afford a private attorney.
Next Steps
If you need legal assistance with child support matters, it is advisable to consult with a family lawyer who specializes in child support in Germiston. They can guide you through the South African family law system and advocate on behalf of you and your child. It’s also advisable to keep all related documents in case they are needed for future reference or court proceedings.
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The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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