These are the general
principles that apply to the maintenance of a child:
·
The
Children’s Act defines a ‘child' as
a person under the age of 18 years.
·
The
parental responsibilities and rights that a person may have in respect of a
child, include the responsibility and the right to contribute to the
maintenance of the child.
·
The
Maintenance Act places a duty on parents to support their child for his or her
proper living and upbringing, and includes the provision of food, clothing,
accommodation, medical care and education.
·
This
duty applies, irrespective of whether a child is born in or out of wedlock or
is born of a first or subsequent marriage.
·
This
duty of supporting a child is an obligation which the parents have incurred
jointly and which is apportioned between them according to their respective
means. So, if a dad earns more, he will pay proportionately more maintenance
than the mom.
·
The amount payable for maintenance will
be determined by the needs of the child and the financial means of the parents.
·
If the biological parents can’t support the
child, the obligation can fall to grandparents or the legal guardian of the
child to pay maintenance.
·
The payment of maintenance will continue
until the child becomes
employed or otherwise independent and self-sufficient.
·
However, when the child turns 18, the
maintenance payment should be deposited directly to the child’s banking account,
unless a court order specifically directs otherwise.
·
Either parent, or the child when he or
she turns 18, can approach a maintenance court, to vary the amount that a
parent must pay, because of changed circumstances.
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