Things you should know before applying for child maintenance

• The legislation that deals with child maintenance (short overview)
• The common law of duty of support and who needs to support
• The different forms of maintenance (child maintenance of minor children, major children and spousal maintenance)
• The requirements for the existence of duty of support of children
• Who can be described as a “child”?
• Claiming maintenance from parents, grandparents, brothers & sisters, uncles & aunties, step-parents)
• The need for maintenance and the means to pay maintenance
• Short overview of the maintenance application procedure (this will be discussed in depth in future webinars)
• General information that you need to know before you claim maintenance
This section contains pre-reading material that you should read through at your leisure before the webinar.  The webinar handout you would find on the next tab – we suggest that you download and print the handout / webinar material before the start of the webinar as we will be referring to sections in the handout during the course of the webinar.

 

• Pre-reading material: Things you should know before you apply for child maintenance 
• Blank J101 application form  
• Bannatyne v Bannatyne and Another (CCT18/02) [2002] ZACC 31; 2003 (2) BCLR 111 ; 2003 (2) SA 363 (CC) (20 December 2002) 

This section contains the slideshow (if used), webinar handout and important resources that we will be referring back to during the webinar. Please download and print these before the start of the webinar or have them available electronically to enhance your learning experience.

 

• Maintenance Act, Act 99 of 1989

• Regulations Maintenance Act 99/1989

• Extract: Codified Instructions Code Family Court Maintenance 26 of 2015

• Case law: Z v Z (556-2021) [2022] ZASCA 113 (21 July 2022)

• Handout: Things you should know before you apply for child maintenance

• Presentation slides: Things you should know before you apply for child maintenance

 

Lunch and Learn is a social responsibility project overseen by Oppermans Inc, a family law practice with more than 24 years of experience. The weekly webinars are provided free of charge, aimed at creating awareness on child maintenance. This webinar was pre-recorded at the end of 2023, and the information contained therein was (and still is) correct at the time of recording—the Maintenance Act or Rules has not been amended or changed since. Discussions of relevant case law dealing with specific maintenance issues are found under the “free resource library” tab on the home page.

Affidavits referred to, or templates provided, are mere examples that could be used and should be customized to your specific matter. These documents, such as affidavits cannot be considered “outdated.” The additional speakers on some of these webinars were invited guest speakers who have participated out of their free will and have no affiliation or association with Lunch and Learn.

The details contained in these webinars are for educational and informative purposes only and do not constitute legal advice. You are strongly advised to consult with an experienced legal practitioner for advice on your specific maintenance matter.

Things you should know before applying for child maintenance

If you have any enquiries / questions relating to this module or wish to schedule an appointment for a in person consultation with a specialist maintenance attorney at the offices of Oppermans Inc in Gordons Bay or a virtual consultation, please send us an email using this form and one of our panel of attorneys will respond as soon as possible.