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In La Lucia and the rest of South Africa, the law states that every parent is responsible for the financial needs of their children. Child support, often in the form of a monthly payment made by the non-custodial parent to the custodial parent, is fashioned by the court to ensure that the child's wellbeing is protected. Factors considered include income and financial resources of parents, the child's financial needs, and the standard of living the child would have enjoyed if the family was intact.
Understanding the specifics of child support laws can be complex. You may want to consult a lawyer in situations when you are unable to agree with your partner on the amount of child support, if there is difficulty in contacting or receiving payments from the non-custodial parent, or if you want to change or dispute an existing child support order. A lawyer can also be helpful if the parent responsible for child support travels or moves between provinces or even countries, as this adds an extra layer of jurisdictional difficulty.
The South African law that governs child support is the Maintenance Act 99 of 1998, which ensures that due maintenance for children is provided by parents or family members legally liable for providing such maintenance. These principals extend to children in La Lucia as well. The law provides the court the ability to enforce payment by seizing salaries or wage, it also allows for enforcement of maintenance across borders within South Africa. Failure to pay child support can result in legal repercussions like fines or imprisonment.
1. How is the amount of child support determined?
The amount of child support is calculated according to income earnings and financial resources of both parents, the financial needs and circumstances of the child, as well as the standard of living the child would have enjoyed if not for the separation of the parents.
2. Can child support be modified?
Yes. If there is a significant change in the circumstances of either the paying parent or the child, the child support order can be adjusted.
3. What if the non-custodial parent refuses to pay child support?
Under child support law, failure to pay could lead to wage garnishment, fines, or even imprisonment. An enforcement order may be granted by the court.
4. Until what age is a child entitled to child support?
Child support is due until the child reaches the age of 18 or becomes self-supporting.
5. What if I'm having trouble collecting child support?
A maintenance court can assist in this, or a private attorney specializing in family law can guide you through the process.
The Department of Justice and Constitutional Development provides several resources through its family law divisions. The Community Law and Rural Development Centre also has community-based paralegals who can assist with child support issues on a more local level in La Lucia.
If you need legal assistance in getting, enforcing, or modifying a child support order in La Lucia, the first step is to consult with a skilled family law attorney. This will help you understand your legal rights and options. In addition, you may want to gather any necessary documentation that can demonstrate yours and your child's financial needs and resources, such as pay stubs, tax returns, and childcare expenses.
