Knowing who can receive and who must pay alimony and child support can be confusing.
To help with that, we bring in this article many questions and answers about the topic. This makes this article a good starting point when you want to know basic questions such as who has to pay alimony or what is a child support grant.
For more advanced questions, though, it is advisable to contact a family lawyer, as this is merely an informational article and not actual legal advice.
For any other matters, however, keep reading and learn much useful information about alimony and child support!
Who Can Receive Alimony And Child Support
Alimony, or spousal support, is not a right in South Africa. It may be paid if there was a written prenuptial agreement in place or if a divorce court orders a spouse to support the other one.
This means any one of the spouses may eventually receive spousal support, but legally no one is automatically entitled to receive it and there is no law stating who has to pay alimony.
Child support, on the other hand, is a right of the child and an obligation of both parents. This means both parents must contribute to the payment of the child’s expenses, according to South African law.
How Do You Get Alimony?
Since there is no right to alimony, if you wish to claim any form of spousal support, it must be asked for in court during the divorce procedure.
Can The Husband Get Alimony?
Yes, any spouse may be eligible to receive spousal support from their ex-partner. However, every case is different and circumstances will always be analyzed by the divorce court.
How Much Is Alimony?
There is no fixed amount of money to be paid in spousal support. There are many factors that are taken into account during the court’s decision of any spousal support claims. This means all of them will also determine how much will be paid in case the claim for support is granted.
When May Alimony Be Exempt From Taxable Income?
According to South African law, any form of spousal support paid by a spouse to another or to their ex is entirely exempt from income tax.
How Long To Pay Alimony
There is no fixed time frame a spouse has to support another. This decision is also up to the court’s discretion.
Difference Between Alimony And Child Support
Alimony and child support are different kinds of support in South Africa. First of all, spousal support is not a right, while child support is.
Then there is the fact that in spousal support cases, one of the spouses receives money from the other one to cover their expenses.
On the other hand, in child support, both parents contribute together to pay for the child’s expenses. Even if one receives money from the other on their account, they are not legally allowed to use that money on anything other than supporting their child.
How Do You Get Child Support?
To get child support, you need to gather the necessary documentation to prove all your monthly expenses with the child, such as schooling or doctor’s bills, expenses with transporting, feeding and clothing the child and so on. You will also need to have your identifying documentation with you.
Then you will need to start the legal procedure to claim child support. This must be done by filling the child support application form.
Child Support Grant Application Form
There are many forms that might need to be filled during the process to get child support. But the first one that must necessarily be filled is the Form A – J101E – Application for Maintenance Order.
Only after this form is filled that the process can begin. For more information on forms, it would be advisable to consult a family lawyer.
Can I Get Child Support If The Parent Is Unemployed?
If a father or mother who must pay child support is unemployed, the family court judge will postpone the payment obligation while that parent looks for work.
For that to happen, the payer needs to prove they are looking for work by asking prospective employers to sign forms showing work was sought.
If a certain amount of time (exact period is defined by court) passes and the parent finds no employment even while looking for work, the other parent may get a child support grant from the Department of Social Development to help pay for the child’s expenses.
How Much Is Child Support Grant?
The amount paid in child support grant is 480 South African Rand.
How Long Does A Person Have To Pay Child Support?
According to South African law, both parents have to support their children until they are capable of supporting themselves fully.
This means that, contrary to common belief, child support obligations do not end when the child turns 18 years old, but may continue indefinitely while the child is not yet self-supporting.
What To Do When The Father Is Not Paying Child Support?
When a family court decides a parent must pay child support, he or she is served with a maintenance order that compels them to contribute with child support. If he or she refuses to do so for a period of 10 days after the order goes into effect, the complaining parent may appeal to family court.
The court then may issue an order to garnish the payment avoider’s salary, attach a debt to the avoider’s name or issue a warrant of execution, which allows the court to take goods that belong to the avoider and sell them to settle the child support debt.
The payment avoider also may be tried for not paying child support, which is a crime. They may be fined and/or imprisoned for up to a year. The only way to avoid this is to prove there was no possible way to pay the debt, for lack of money for example.
Advantages And Disadvantages Of Child Support Grant
Child support grant allows impoverished parents to be able to better support their children and provide them with better food, clothing, healthcare and education opportunities. The only possible downside to it is the increase in government spending.
Now that you know our tips and information about alimony and child support, keep reading our blog and discover more about many different useful topics!
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