Understanding Your Rights During Child Maintenance Week

Introduction

1-7 August marks Child Maintenance Week, a time to raise awareness and empower parents with knowledge about their legal rights and responsibilities. At Gascoigne Randon, we understand that navigating the complexities of child maintenance can be emotionally and financially overwhelming, and we’re here to guide you through it.

What Is Child Maintenance?

Child maintenance refers to the financial support that one parent is legally required to contribute towards the upbringing of their child. This includes costs related to food, clothing, shelter, medical care, education, and general well-being.

Who Is Responsible for Paying?

In South African law, both parents have a duty to support their child, regardless of whether they were married, in a relationship, or never lived together. The amount each parent contributes is based on their income and ability to pay, not just who the child lives with.

Where and How Do You Apply?

If maintenance is not being paid voluntarily, you can apply for a maintenance order at your local Maintenance Court. The process typically includes:

• Completing a form with your child’s details and your financial needs

• Attending a court enquiry to assess both parties’ finances

• An order being made based on fairness and need

What If the Other Parent Refuses to Pay?

Failure to pay court-ordered maintenance is a criminal offence. Legal action may include garnishing wages, seizing property, or even imprisonment in serious cases. It's important to know that the law is on your side, and you are not alone.

Our Role at Gascoigne Randon

Our compassionate legal team helps parents navigate child maintenance disputes with clarity and confidence. Whether you're applying for the first time, seeking an increase, or enforcing a court order, we’ll stand beside you, legally and emotionally.

Final Thought

Child Maintenance Week isn’t just about legal processes. It’s about ensuring every child’s right to a safe, supported life — and every parent’s right to receive fair assistance. Let’s continue to advocate, educate, and protect our children’s future.