Negotiating a maintenance settlement can be a difficult aspect of reaching a divorce agreement.
Under South African law children have the right to receive financial maintenance. Both parents, whether married or not, are required to provide financial support for a child.
Maintenance amounts must be negotiated and finalized according to the Maintenance Act 99 of 1998 and the Children’s Act 38 of 2005. Parents are obliged to pay for their children’s upbringing. Their respective payments depend on how much each earns.
The amount paid to the primary caregiver is based on the monthly earnings of each parent and the cost of the child’s education, care and upbringing.
Maintenance orders are orders of the court. Failure to meet their obligations is a criminal offence.