MAINTENANCE

Child Maintenance may be claimed from the Parent who does not have Primary Residence of the Minor Children. There sometimes is reluctance on the part of the Primary Residence Parent to claim Maintenance – perhaps the other Parent is out of work or is difficult to deal with. However, we need to encourage these people to claim the needed maintenance for their Minor Children, or for themselves.  After all, Maintenance may be claimed from that Parent who has a legal obligation to maintain the Minor Children or you.

In matters of Maintenance it is always best to consult a Specialist Family Law Attorney. There is an exact right way of doing things when calculating Maintenance and when approaching the Maintenance Court – both in documentation and in procedure – and the information you supply must be absolutely correct or things will not be in your favour.

Because there are so many variables, there are no two situations the same, and this is yet another reason to obtain the services of an Attorney who specialises in this field of law. Oftentimes, your Attorney is the one person who has the ability to uncover deception caused by the other Parent and probably find they have a good deal for money than displayed by the information they supplied.

When assessing the maintenance to be paid, the Law provides that you should have sufficient to support your Minor Children according to their needs and your means. Clearly this makes reference to reasonable expenses on behalf of the Minor Children, and refers to your income and assets. Therefore, the theory is that the actual cost of raising a child is split between the Parents according to their earnings. In practice is where we encounter the difficulties. The absent Parents – from whom Maintenance is being sought – often hide their finances and divide them amongst various bank accounts, etc. With this and other deceits, it is almost impossible for the other Parent to be granted the full amount of Maintenance applicable and correct for their situation. Alas, at the end of the day, it is the Minor Children who suffer.

Martin Vermaak Attorneys’ Specialist Divorce and Family Law Team regularly handles Maintenance matters for the better benefit of our Clients. We are in a position, where necessary, to subpoena records and discover real earnings. We have knowledge of the various schemes and gambits used by Maintenance dodgers – or those who attempt to get away with paying a much less than equitable amount. We also know how to thwart these attempts with the correct legal procedures.

Non-compliance to a Maintenance Order is a criminal offence and the offender could be liable upon conviction, to either a fine or imprisonment not exceeding one year. Yet another good reason to have a Specialist Attorney ensure that the correct amount of Maintenance is ordered to be paid and that the Order is complied with.

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