Lawyers that assist with child support matters will attempt to help parents come to a suitable agreement without the matter having to go to a court of law. All related legal rights and issues are explained to a mother and father so that each knows where they stand and what they are or are not obliged to be paying on a regular basis. The current lifestyle and needs of the children will be considered in depth to make sure they are given the best possible chance at having the most comfortable up bringing possible under the unfortunate circumstances.

It is not the fault of any child that ends up the victim of a broken marriage or split-up of the parents relationship so every step needs to be taken by everyone to ensure they are looked after properly and not end up suffering. Exactly how much money that needs to be paid every month or when agreed upon will vary from one case to the next with all circumstances and needs of the kids taken carefully into consideration by an attorney or, if it comes to it, the judge in a court of law. Providing these cases are treated in a mature and adult manner, they can be resolved quickly and painlessly with the help of a family lawyer acting as mediator between the parents trying to come to an agreement on the correct amount of child support money that needs to be paid.

Perhaps the biggest issue of those facing divorce in South Africa is the custody of children. It has to be decided on who is going to be the parent responsible for looking after the children and who takes care of them on a regular basis. If disputes arise over this then lawyers will advise and if no agreement can be reached between either of the parents then the court will decide who gets custody. The parent who does not get custody will in most cases still want to be a part of their children’s lives so an agreement needs to be established between both parents for access and visiting rights. Restricted access can be ruled by the court if it is felt that it is not in the children’s best interest for the other parent to have access rights.

Property will get divided up between the separating couple normally covered by an ante-nuptial agreement or pre-marital contract if either of these were drawn up when they got married. If the marriage was signed between a couple ‘in community of property with accrual’, both parties share everything, including all property and debt. ‘Out of community of property without accrual’ will allow both people to keep what they owned before the marriage and whatever they earned during. If the marriage is ‘out of community of property with accrual’ then each person gets to keep what they owned before marrying but both parties share what has been accumulated over the course of the marriage. In the case of default, the laws that were in place when a couple got married will apply to those wanting a divorce in South Africa.

The area of family law is a complexed one and each individuals case and circumstances will differ which makes it important when choosing a lawyer to make sure they have had the necessary experience in a variety of cases related to personal family matters. There are some cases that are relatively straight forward and generic for most people. For example, a marriage contract for couples marrying in or out of community of property maybe similar from one couple to the next but a case of who gets custody of a child or children after a divorce will differ greatly from one personal situation to another. Same with a maintenance issue. Exactly how much maintenance a parent has to pay the other parent who has custody of a child or children will vary greatly from one case to the next and is a matter of family law that an experienced attorney will be able to help with.

Online research is just about the best place to start when looking for a good lawyer to help with any legal issues including family and relationship matters. Research should be done thoroughly and carefully before the decision is made to hire any family lawyers and those looking for this kind of search should make sure they run the necessary background checks.

Most respected Cape Town Lawyers have had to study law for many years before qualifying as attorneys which includes spending time doing articles and internships at established law practices throughout the city and helping to shape them into capable professionals that can help anyone with legal issues and needing help or advice. From maintenance problems, divorce law, child custody issues and family law problems the list of lawyers in Cape Town that can assist in matters regarding anything legal is long and informative. There are cheap attorneys available to help people right through to the more expensive professionals that have helped to solve high profile court cases within the Western Cape and South Africa.

The need to find a good lawyer can often be quite a daunting task and most rely on friends and family recommendations that have had dealings with certain law firms in the past. Selecting the right person to help you in your court case or with any legal advise from the list of lawyers in Cape Town can become difficult and confusing especially if you have never had to hire an attorney before. What you will find however, for your peace of mind, is that most legal firms are more than capable and professional and getting help from Cape Town lawyers is a lot easier than in certain other parts of the country.

How long a parent pays child maintenance support by law is a question that many people ask and it really depends on a number of factors. One of the main factors being the child’s education, they are not self supportive while studying and not getting any income. The legal minimum age where child support can stop being paid is 16 years old in some countries and 18 in others, however many parents pay until a child is 19 years old and some even when children are into their twenties. Normally maintenance payments will stop as soon as children are earning an income for themselves and have become self supportive.

Maintenance can be enforced through the means of a court order and if, for example, a Father does not pay even though he has been issued an order then the court can instruct his employer to deduct the monthly amount directly from his salary and into the bank account of the Mother or someone else. A parent who outright refuses to pay any child maintenance runs the risk of having personal possessions seized and sold with funds raised going to the person in custody of the child or children. People that refuse to pay child support can run the risk of facing a prison sentence in some cases although the courts are against sending a person to jail for non-payment as this puts them out of normal society and unable to earn an income for supporting their children further.

Due to the worldwide economic climate being experienced many people are looking for ways to cut costs and save money on a monthly basis. Many parents feel that they can cut their child maintenance payments or stop paying all together which is often unfair on both the person who has custody and the children themselves. Feel free to browse this site for more articles and assistance on child maintenance support information for parents who are going through divorce, divorced or never married.

Fighting with an ex-partner for money to support children is a harsh reality for many Women in South Africa. However, since 1999 the administrative system for obtaining and enforcing maintenance orders has become more user-friendly and effective.

Who Must Pay?

Both parents, whether they were married or not, have a duty to support their children. This also applies to parents who have adopted a child. If parents cannot maintain their children, grandparents can also be ordered to pay maintenance. Step-parents have no legal duty to maintain their stepchildren.

Maintenance is a legal duty, and you cannot draw up an agreement dismissing your liability to pay. Even if you and your ex-spouse remarry or begin a new relationship, you must still pay.

The parents’ duty to support children also continues even if they have other children later on – although this may affect the amount of maintenance that they will be able to afford. When parents get divorced, the Divorce Court will not grant a divorce unless it is convinced that adequate provision has been made for the maintenance of children born out of the marriage. The Divorce Court will postpone the case and refuse to make a final order until it is satisfied that the children are properly cared for.

A parent is required by law to pay even if they never get to see the children. Maintenance is not dependant on access, a parent is guilty of a crime if they refuse to pay maintenance for children because they have no access.