When parents separate or divorce, one of the most important issues that needs to be addressed is how their child will be financially supported.
Child maintenance is often a source of uncertainty and disagreement, particularly where parents have different views about what a child needs or what each parent can afford to contribute. There is, however, no fixed amount or standard percentage that automatically determines how much maintenance a parent should pay in South Africa.
Instead, each matter is considered according to its own circumstances, with the focus being on the child’s reasonable needs and the financial means of both parents.
Both Parents Have a Duty to Support Their Child
Under South African law, the duty to support a child rests on both parents.
Section 15 of the Maintenance Act provides that parents have a joint duty to support their children and that their respective contributions should be apportioned according to their respective means. The support that a child is entitled to includes what the child reasonably requires for their proper living and upbringing, including food, clothing, accommodation, medical care and education.
This means that maintenance is not automatically the sole responsibility of one parent simply because the child primarily lives with the other parent.
Both parents are expected to contribute according to what they can reasonably afford.
What Is Taken Into Account?
The starting point is generally to consider the child’s reasonable needs.
These needs will differ from family to family and may include expenses relating to accommodation, food, clothing, education, medical care, transport and other day-to-day requirements.
The child’s age, lifestyle, educational needs and any particular medical or developmental requirements may also be relevant.
The aim is to establish what is reasonably required to support the child while taking into account the circumstances of the family.
The Financial Means of Both Parents
Once the child’s needs have been identified, the financial position of both parents must be considered.
This is not necessarily limited to looking at each parent’s salary. Other sources of income, financial resources, assets, reasonable living expenses and, in some circumstances, a parent’s ability to earn an income may also be relevant.
The purpose is to ensure that each parent contributes towards the child’s support in a manner that is fair and appropriate in light of their respective financial circumstances.
Maintenance Is Not Determined by Parenting Time Alone
A common misconception is that where parents share equal parenting time, neither parent should be required to pay maintenance.
This is not necessarily the case.
The amount of time a child spends with each parent is only one of the factors that may be relevant. If there is a significant difference between the parents’ financial circumstances, one parent may still be required to make a greater financial contribution towards the child’s needs.
Similarly, the parent with whom the child primarily resides is not automatically entitled to have every expense paid by the other parent.
The focus remains on the child’s needs and the ability of both parents to contribute towards those needs.
What About School Fees and Medical Expenses?
School fees, medical aid contributions and medical expenses are often dealt with separately from ordinary monthly maintenance.
Parents may agree to share these expenses in a particular manner, or an existing maintenance order or settlement agreement may specifically regulate responsibility for them.
Other expenses, such as extra-mural activities, additional educational support or unexpected medical costs, may also need to be addressed depending on the circumstances of the child and the financial means of the parents.
Clear arrangements regarding these expenses can help prevent disputes later.
Can Child Maintenance Be Changed?
A maintenance arrangement is not necessarily permanent.
Circumstances can change over time. A parent may lose their employment, experience a significant change in income or face new financial circumstances. Similarly, a child’s needs may change as they grow older, change schools or require additional medical or educational support.
Where there has been a significant change in circumstances, it may be possible to apply for an existing maintenance arrangement to be varied.
It is important, however, that a parent does not simply decide to reduce or stop paying maintenance without following the appropriate legal process.
Child Maintenance Does Not Automatically End at 18
Turning 18 does not necessarily mean that a child immediately becomes financially independent.
Where an adult child remains dependent on their parents and is unable to support themselves, the duty of support may continue.
This will depend on the particular circumstances of the child, including whether they are studying, seeking employment or otherwise remain financially dependent.
The Best Interests of the Child
Ultimately, child maintenance is not intended to punish one parent or financially benefit the other.
The purpose of maintenance is to ensure that a child’s reasonable needs are met and that both parents contribute towards their upbringing in accordance with their financial means.
Where parents are able to approach maintenance discussions practically and transparently, it is often possible to reach an arrangement that provides certainty and avoids unnecessary conflict.
When an agreement cannot be reached, the appropriate legal process can assist in determining a fair maintenance arrangement.
Conclusion
There is no universal formula for determining child maintenance in South Africa.
Each matter depends on the particular circumstances of the child and their parents. The child’s reasonable needs, the financial circumstances of both parents and their respective ability to contribute will all play an important role.
For parents who are separating, divorcing or experiencing a change in circumstances, understanding these principles can make it easier to approach maintenance discussions in a practical and informed way.
Need Assistance with a Child Maintenance Matter?
At FDP Law, we assist clients with child maintenance matters, including the negotiation of maintenance arrangements, maintenance court proceedings, the variation of existing maintenance orders and the enforcement of maintenance obligations.
Obtaining proper legal advice can help ensure that the arrangements made are fair, practical and focused on the best interests of the child.