Maintenance disputes can affect a child’s day-to-day needs, schooling, medical care and overall stability. Kamfer Attorneys assists parents and caregivers with child maintenance applications, maintenance disputes, changes to existing orders and non-payment matters in Pretoria and surrounding areas.
be heard in the high court within 6 weeks from taking my case. Thank you so much to Ms Kamfer and team for the great experience during a stressful period. I would definitely recommend her if you have an individual who uses the law to continue to abuse you.
She acted in my best interest and removed a huge weight from my shoulders.
I am grateful and would highly recommend her to anyone who needs an attorney with insightful legal knowledge and expertise. Thank you Kamfer Attorneys for your amazing service!
Child Maintenance Attorneys in Pretoria
Both parents have a duty to support their child according to their respective means. Maintenance is intended to contribute towards the reasonable needs of the child, including expenses connected to food, clothing, accommodation, education and medical care.
Disputes often arise because parents disagree about the child’s actual expenses, how those expenses should be divided or whether one parent’s financial circumstances have been fully disclosed.
Kamfer Attorneys assists clients with understanding their legal position and preparing for the maintenance process. Whether you need to apply for maintenance, respond to a claim, change an existing order or take action after maintenance has not been paid, our attorneys can advise you on the appropriate steps.
Applying for Child Maintenance in Pretoria
A parent or person caring for a child may need to apply for maintenance where the other parent is not making a reasonable contribution towards the child’s needs.
The maintenance process requires more than simply choosing an amount and asking the other parent to pay it. The child’s reasonable expenses and the financial means of the parents are important considerations.
Applicants should be prepared to provide information about income, household expenses and the child’s needs. Bank statements, proof of income, school expenses, medical costs and other supporting records may become relevant.
Our maintenance lawyers assist clients with preparing their matters, organising the available financial information and understanding what to expect as the application progresses.
be heard in the high court within 6 weeks from taking my case. Thank you so much to Ms Kamfer and team for the great experience during a stressful period. I would definitely recommend her if you have an individual who uses the law to continue to abuse you.
She acted in my best interest and removed a huge weight from my shoulders.
I am grateful and would highly recommend her to anyone who needs an attorney with insightful legal knowledge and expertise. Thank you Kamfer Attorneys for your amazing service!
How Is Child Maintenance Calculated?
There is no single fixed maintenance amount that automatically applies to every child.
The child’s reasonable needs must be considered together with the financial means of the parents. The duty of supporting a child is shared, but the parents’ contributions are considered according to their respective means.
This means that simply dividing every expense equally between two parents may not reflect the financial circumstances of the family.
The child’s expenses should also be realistic and capable of being explained. A maintenance dispute can become more difficult where figures are estimated without supporting information or where important recurring expenses have been left out.
Kamfer Attorneys can assist with assessing the financial information relevant to a maintenance matter and presenting your position clearly.
What Expenses Can Be Included in Child Maintenance?
Maintenance can extend beyond food and a monthly cash payment.
A child’s reasonable needs may include accommodation, clothing, education and medical care. The particular expenses relevant to a child will depend on the child’s circumstances.
School fees, school transport, educational requirements, medical expenses and contributions towards accommodation may therefore need to be considered alongside ordinary living costs.
In some families, disputes arise because one parent focuses only on direct purchases for the child while overlooking the broader cost of maintaining a suitable home and meeting recurring needs.
Our attorneys can help you identify the expenses relevant to your child’s circumstances and prepare the supporting information available.
be heard in the high court within 6 weeks from taking my case. Thank you so much to Ms Kamfer and team for the great experience during a stressful period. I would definitely recommend her if you have an individual who uses the law to continue to abuse you.
She acted in my best interest and removed a huge weight from my shoulders.
I am grateful and would highly recommend her to anyone who needs an attorney with insightful legal knowledge and expertise. Thank you Kamfer Attorneys for your amazing service!
Maintenance Court Applications and Enquiries
Maintenance matters are dealt with through the Maintenance Court process.
An application generally involves submitting the relevant information and supporting documentation. The maintenance authorities may investigate the complaint and consider the financial circumstances of the parties.
Where the parents are able to reach an agreement, there are circumstances in which the agreement can be made an order of court. Where agreement cannot be reached, the matter may proceed to a formal maintenance enquiry.
During the process, the needs of the person requiring maintenance and the means available to provide maintenance are considered.
Kamfer Attorneys assists clients who need legal guidance and representation during maintenance disputes and court proceedings.
Documents and Evidence for a Maintenance Matter
Financial evidence can be extremely important in a maintenance dispute.
Depending on the circumstances, relevant documents may include proof of income, bank statements, a record of monthly expenses, the child’s birth certificate, proof of residence and documents supporting the child’s expenses.
School statements, medical records or accounts, childcare costs and proof of other recurring expenses may also be relevant where these form part of the amount being considered.
It is useful to approach a maintenance matter with organised and accurate financial information. Inconsistent figures or unexplained expenses can create unnecessary disputes.
Our maintenance attorneys can review the information available and assist you with preparing your matter.
be heard in the high court within 6 weeks from taking my case. Thank you so much to Ms Kamfer and team for the great experience during a stressful period. I would definitely recommend her if you have an individual who uses the law to continue to abuse you.
She acted in my best interest and removed a huge weight from my shoulders.
I am grateful and would highly recommend her to anyone who needs an attorney with insightful legal knowledge and expertise. Thank you Kamfer Attorneys for your amazing service!
Increasing an Existing Maintenance Order
A maintenance amount that was appropriate several years ago may no longer meet a child’s current needs.
Schooling may have changed. Medical expenses may have increased. The child may have developed new needs, or the broader financial circumstances of the parents may be different.
A parent who believes the current maintenance amount is no longer appropriate may seek a change to the existing order.
An increase is not automatic simply because more money is requested. The reasons for the proposed change and the relevant financial circumstances need to be considered.
Kamfer Attorneys assists clients with maintenance increase matters and the preparation of supporting financial information.
Reducing a Maintenance Order
A person who is required to pay maintenance may experience a genuine change in financial circumstances.
Retrenchment, loss of income or another significant financial change may affect a person’s ability to continue paying an existing maintenance amount. However, a maintenance order should not simply be ignored because the payer believes the amount is no longer affordable.
The existing order remains important until the legal position is properly addressed.
Where circumstances have materially changed, an application may be made to substitute or discharge an existing maintenance order. The financial position of the parties and the needs of the child will need to be considered.
Our maintenance lawyers assist clients who need advice on applying for a reduction or responding to an application to reduce maintenance.
be heard in the high court within 6 weeks from taking my case. Thank you so much to Ms Kamfer and team for the great experience during a stressful period. I would definitely recommend her if you have an individual who uses the law to continue to abuse you.
She acted in my best interest and removed a huge weight from my shoulders.
I am grateful and would highly recommend her to anyone who needs an attorney with insightful legal knowledge and expertise. Thank you Kamfer Attorneys for your amazing service!
What Happens When Maintenance Is Not Paid?
Failure to pay maintenance in accordance with an existing court order can have serious legal consequences.
A person in whose favour a maintenance order was made may be able to pursue civil enforcement procedures where payments remain outstanding. The Maintenance Act provides for enforcement mechanisms that may include execution against property, attachment of emoluments or attachment of certain debts, subject to the applicable legal process.
Failure to comply with a maintenance order can also give rise to criminal proceedings in circumstances provided for by the Maintenance Act.
Kamfer Attorneys assists clients with assessing unpaid maintenance matters and advising on the enforcement options that may be available.
Recovering Maintenance Arrears
Maintenance arrears can accumulate quickly when monthly payments are missed or only part of the ordered amount is paid.
A clear payment history can become important. Bank statements, payment records, correspondence and a copy of the maintenance order may assist in establishing what was due and what was actually paid.
Where the parties disagree about the amount outstanding, the payment history and wording of the existing order may need to be carefully reviewed.
Our attorneys can assess maintenance arrears and advise on the legal process available to pursue unpaid amounts.
be heard in the high court within 6 weeks from taking my case. Thank you so much to Ms Kamfer and team for the great experience during a stressful period. I would definitely recommend her if you have an individual who uses the law to continue to abuse you.
She acted in my best interest and removed a huge weight from my shoulders.
I am grateful and would highly recommend her to anyone who needs an attorney with insightful legal knowledge and expertise. Thank you Kamfer Attorneys for your amazing service!
Salary Deductions and Enforcement of Maintenance Orders
Where a maintenance order has not been complied with, the Maintenance Act provides for court-based enforcement procedures.
Depending on the circumstances and the orders made by the Maintenance Court, enforcement may involve attachment of emoluments. This can result in an employer being required to make specified maintenance-related payments from amounts owing to the person against whom the order was made.
Execution against property and attachment of certain debts are also recognised enforcement mechanisms under the Act.
The appropriate process depends on the existing maintenance order, the outstanding payments and the circumstances of the matter.
Kamfer Attorneys can advise on the available enforcement route and assist with the legal process.
Maintenance and Access to a Child Are Separate Issues
Disputes about contact with a child can become emotionally connected to maintenance.
A parent may believe that maintenance should not be paid because contact has been restricted. The other parent may believe that contact should be refused because maintenance has not been paid.
Maintenance and contact are separate legal issues. A dispute regarding contact does not simply cancel a maintenance obligation, and maintenance should not be treated as payment for access to a child.
Where a family is dealing with both maintenance and contact disputes, the different legal issues should be addressed through the appropriate processes.
Kamfer Attorneys can advise on the maintenance matter and, where necessary, assist with related family law concerns.
be heard in the high court within 6 weeks from taking my case. Thank you so much to Ms Kamfer and team for the great experience during a stressful period. I would definitely recommend her if you have an individual who uses the law to continue to abuse you.
She acted in my best interest and removed a huge weight from my shoulders.
I am grateful and would highly recommend her to anyone who needs an attorney with insightful legal knowledge and expertise. Thank you Kamfer Attorneys for your amazing service!
Maintenance Where a Parent Is Unemployed or Claims to Have No Income
A maintenance dispute can become complicated where one parent is unemployed, self-employed or claims to have little or no income.
The financial circumstances of the parties need to be properly considered. A lack of a conventional salary does not mean that financial questions become irrelevant.
Banking records, sources of income, expenses and other information may be important when assessing the person’s actual financial position.
At the same time, genuine changes in financial circumstances should be properly addressed rather than ignored.
Our attorneys can assist clients with maintenance disputes involving uncertain, irregular or disputed income.
Self-Employed Parents and Maintenance Disputes
Establishing income can be more complicated where a parent owns a business, works for themselves or receives income that changes from month to month.
A payslip may not provide a complete picture because one may not exist or because business and personal finances have become closely connected.
Maintenance matters involving self-employed parents may require closer consideration of bank records, income patterns, business-related information and the person’s financial circumstances.
Kamfer Attorneys assists clients with preparing and responding to maintenance claims where income is disputed or difficult to assess.
be heard in the high court within 6 weeks from taking my case. Thank you so much to Ms Kamfer and team for the great experience during a stressful period. I would definitely recommend her if you have an individual who uses the law to continue to abuse you.
She acted in my best interest and removed a huge weight from my shoulders.
I am grateful and would highly recommend her to anyone who needs an attorney with insightful legal knowledge and expertise. Thank you Kamfer Attorneys for your amazing service!
Does Maintenance Automatically Stop When a Child Turns 18?
A parent’s duty to support a child is not necessarily determined only by the child’s eighteenth birthday.
The question of whether continued maintenance is required can involve whether the child is able to support themselves and the circumstances applying at the time.
Parents should therefore be careful about simply stopping payments because a child has turned 18, particularly where an existing maintenance order is in place.
Where there is uncertainty about an adult child’s continued maintenance or how payments should be dealt with, obtaining legal advice can help clarify the position.
Maintenance Disputes During or After Divorce
Child maintenance issues frequently arise during divorce proceedings, but maintenance disputes are not limited to married parents.
Where parents are divorcing, questions regarding the child’s expenses and each parent’s financial contribution may form part of the broader family law matter.
Disputes can also arise after a divorce where circumstances have changed or an existing maintenance arrangement is no longer being followed.
Kamfer Attorneys assists with maintenance matters connected to divorce proceedings as well as separate maintenance applications and disputes between unmarried parents.
be heard in the high court within 6 weeks from taking my case. Thank you so much to Ms Kamfer and team for the great experience during a stressful period. I would definitely recommend her if you have an individual who uses the law to continue to abuse you.
She acted in my best interest and removed a huge weight from my shoulders.
I am grateful and would highly recommend her to anyone who needs an attorney with insightful legal knowledge and expertise. Thank you Kamfer Attorneys for your amazing service!
Responding to a Maintenance Claim
A person against whom maintenance is claimed is entitled to properly address the financial issues raised in the matter.
You may disagree with the amount claimed, believe that certain expenses are inaccurate or need the court to consider your financial circumstances.
Ignoring the application is not a sensible way to deal with the dispute.
Your own income, expenses and existing financial obligations may need to be properly documented and explained. The child’s reasonable needs and the respective means of the parents remain important considerations.
Our maintenance lawyers assist clients with responding to maintenance claims and presenting their financial position during the legal process.
How Kamfer Attorneys Assists With Maintenance Matters
We begin by understanding the existing arrangement, the child’s circumstances and the financial dispute between the parties.
Where a new maintenance application is being considered, we assist with reviewing the child’s expenses and the financial information available. We can advise on the legal issues that may affect the claim and help prepare the matter for the relevant process.
We also assist with applications to increase or reduce existing maintenance, disputes regarding arrears and matters involving failure to comply with a maintenance order.
Where court representation is required, our attorneys can assist throughout the proceedings and present the client’s position based on the available facts and evidence.
Our approach is to give clients clear advice about the maintenance process while keeping the child’s needs and the relevant financial circumstances at the centre of the matter.
be heard in the high court within 6 weeks from taking my case. Thank you so much to Ms Kamfer and team for the great experience during a stressful period. I would definitely recommend her if you have an individual who uses the law to continue to abuse you.
She acted in my best interest and removed a huge weight from my shoulders.
I am grateful and would highly recommend her to anyone who needs an attorney with insightful legal knowledge and expertise. Thank you Kamfer Attorneys for your amazing service!
Maintenance Lawyers Serving Pretoria and Surrounding Areas
Kamfer Attorneys assists clients with child maintenance matters in Pretoria and surrounding areas.
We represent parents and caregivers applying for maintenance, individuals responding to maintenance claims, and clients dealing with existing maintenance orders that are no longer appropriate or are not being followed.
Maintenance disputes can become highly emotional, particularly where there is already conflict between parents. Our attorneys provide practical legal advice and help clients address the financial issues through the appropriate legal process.
Speak to a Maintenance Lawyer in Pretoria
If you need assistance with a maintenance application, unpaid maintenance, maintenance arrears or a change to an existing order, speak to Kamfer Attorneys about your matter.
Contact our maintenance lawyers in Pretoria to arrange a consultation and obtain advice based on your circumstances.