What is a Child support claim?

A child support claim is a claim in the children’s court against a parent of a child seeking from that parent, monetary contribution towards the welfare of the child including money for: school fees, healthcare or medical insurance; food, rent, entertainment and extracurricular activities, clothing, books etc.

The funds are sought from said parent due to lapse or negligence by said parent in remitting their share of funds needed for the maintenance of the child. Child support is a right of a child and is part of the duty of any person having parental responsibility for a child whether a parent or guardian and whether the child is the biological child of such a person or is adopted.

Who can claim child support from a parent?

Any person having parental care and custody of a child can claim custody and this included: father’s mothers and legal guardians.

What is needed to be proved?

A child support claim requires, depending on the circumstances of each case, proof of some or all of the factors below:

1. That the parent that has not paid child support is indeed the parent of the Child, in some cases where parentage is disputed, a DNA report can be used to conclusively determine if someone is a parent of the child
2. That the parent has been asked to contribute funds for the child’s maintenance and has declined
3. Proof of earnings of each parent through a document called an affidavit of means: you can attach proof of salary or income; proof of liabilities and proof of expenses to support the case for the child support payments
4. Proof of each parent’s expenditure on the child as each parent bears an equal responsibility to contribute money to the child’s upkeep although the court will determine the proportionate burden each should ay based on how much each earns and in such a case equity would be the basis for the child support award

What happens where a father denies paternity?

In such a case it is important to obtain a DNA test report from a reputable lab to determine that indeed the man is the father to support a strong claim for child support. This report can be ordered to be done by the court or the parties themselves can agree to do the DNA test to establish paternity and consequently the right to child support/child maintenance.

What do courts look at when awarding child support?

Courts will look at many factors including the history of how funds were spent on child’s maintenance e.g. who paid for what e.g. school fees, healthcare etc.

Courts will also look at the child’s standard of living

Courts will look at the earnings expenses and liabilities as well as assets of each parent to determine the equitable way of calculating child maintenance payable by each parent

Courts will look at conduct of parent that has failed to pay up their fair share of the maintenance costs for the child

ETC

What happens if a parent fails to pay child support order as issued by court?

The parent who has obtained the order can issue a notice to show cause why the parent that has failed to pay should not be sanctioned for failure to pay the child support ordered by the court. Sanctions include civil jail as well as attachment of salary or income etc.

What are the avenues to obtain child support when it comes to income?

Income and assets are the source of funds for a child’s maintenance. If income is not sufficient, then one can look to assets to fund the child’s maintenance.

Mutual agreement on child support to avoid lengthy and acrimonious litigation?

Parties are allowed to enter a parental responsibility agreement that summarises (among other things) the agreement on the amount of child support and expenses. This parental responsibility agreement is filed in court and adopted as an order of the court to make it binding

Amending a child support order?

A party can seek to vary such an order on child support where circumstances change e.g. salary change or new information comes to light that one parent can afford to contribute more than what they are doing. This requires an application to the children’s court to vary the child support order already in existence.

Can I claim child support in a divorce case?

The appropriate court to award child support is the Children’s Court. The mandate of the divorce court does not include child welfare matters.

Is alimony the same as child support?

No, alimony or spousal maintenance is an order by the divorce (Magistrate’s) court for maintenance of a spouse during or after divorce while child support is an order for payment of money for the welfare of the child issued by the Children’s court.