MAINTENANCE

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Maintenance comes in 2 forms, maintenance for children and maintenance for spouses.

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Children

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In respect of children, each parent has a legal duty to maintain child until they are 18 or sulf-supporting, whichever comes last.

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If divorce proceedings have already been instituted, maintenance can be claimed as a interim measure during the divorce proceedings. Things that the court will consider is the means of each parent, as well as the total financial needs of the child.

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If divorce proceedings have not be instituted, the appropriate maintenance court can be approached where an enquiry will be convened to ascertain the respective means of the parents and the needs of the child and an order is made.

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It is important to note that the failure by a parent to comply with a maintenance order is a criminal offence. We can also assist with lodging complaints for failure to pay maintenance.

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Spouses

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In some instances, there is a legal duty to maintain a spouse for a period of time. Divorce proceedings will need to be instituted before a spousal maintenance claim can be instituted.

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We are able to assist with all matters pertaining to maintenance. Please get in touch with us for more information.