By Poelano Malema
Being a parent comes with responsibilities. Children need to be taken care of and their needs need to be provided for by their parents.
Sadly, some parents neglect their duties, leading to one parent having to carry the load of raising a child alone.
Fortunately, the government has laws that deal with parents who neglect to maintain their children.
According to the Department of Justice, a child must be supported or maintained by:
– His or her parents, whether married, living together, separated or divorced, including parents who have adopted the child; and/or
– His or her grandparents, whether or not the child’s parents were married to each other. However, this varies from one case to another.
The duty to support a family member is not limited to supporting a child. Any family member, irrespective of his or her age, can ask any family member to support or maintain him or her, provided that the following two conditions are met:
– The family member who claims support is unable to maintain himself or herself.
– The family member from whom maintenance is claimed is able to afford the maintenance that is claimed.
– The main requirement of the means test is that the person who is liable to pay maintenance must have MEANS and the maintenance claimed must be REASONABLE.
READ: Halle Berry not happy with paying R240k child support – “it’s extortion”
The maintenance will cover the minor with housing, food, clothing, education, and medical care. According to the Department of Justice, the court may also order the father to contribute to the payment of laying-in expenses and maintenance from the date of the child’s birth up to the date on which the maintenance order is granted.
Identity Document
Birth certificate of the child/children
Proof of residence
Proof of income and expenses
Three-months bank statement
Details of the parent required to pay maintenance ( name, surname physical and work address).
READ: Co-parenting: The challenges of raising kids together
A parent or guardian of a child requiring child maintenance needs to apply at the magistrate’s court in the district where they live.
The Department of Justice outlines the following steps:
– Go to the relevant court and complete and submit Form A: Application for a maintenance order (J101).
In addition to the completed form, submit proof of your monthly income and expenses, such as receipts for food purchases, electricity and/or rent bill payments. The court will set a date on which you and the respondent (the person whom you wish to pay maintenance) must go to the court.
– A maintenance officer and an investigator will investigate your claim and look into your circumstances.
The court will serve a summons (a letter instructing a person to come to court) on the respondent (the person against whom the claim is brought) to appear in court on a specific date to discuss the matter.
– The respondent then has a choice between agreeing to pay the maintenance as claimed, or contesting the matter in court. If the respondent agrees to pay the maintenance as claimed, a magistrate will review the relevant documentation. He or she will then make an order, and may decide to do so without requiring the parties to appear in court. If the person who is allegedly liable to pay maintenance does not consent to the issuance of an order, he or she must appear in court, where evidence from both parties and their witnesses will be heard. If the court finds the person liable for paying maintenance, it will make an order for the amount of maintenance to be paid.
– The court will also determine when and how maintenance payments must be made.
According to the Department of Justice, the court can order maintenance money to be paid in one of the following ways:
– At the local magistrate’s office or any other government office designated for this purpose
– Into the bank or building society account designated by the person concerned
– Directly to the person who is entitled to the money
– By means of an order that directs the employer of the person who is liable for paying maintenance to deduct the maintenance payment directly from the employee’s salary, in accordance with the new Maintenance Act, 1998.
Written by: Tamlyn
child maintenance How to apply for child maintenance single mom single parents
Real. Familiar. Memorable. Kaya 959 brings you the music you know and love from our playlist. Uninterrupted. Thursdays 20h00 to 21h00
closeHe has held it down in the world of mid-morning radio with the best music, riveting topics, brilliant mixes and interesting guests. Every weekday, The Best T proves why he is the BEST by connecting to you like only your bro or favourite uncle could. He lets his listeners dictate the songs they want to hear in the ever-popular Top 10 at 10, and his Three Teaspoons never run out. Catch The Best T in the City Mondays to Fridays from 09h00 to 12h00.
closeFeel good about feeling good! That's exactly what The Feel-Good show is about. An escape from the negativity that surrounds us, indulging you in good feels. Pass it on to one and all. Spread the good feeling around Gauteng with Andy Maqondwana.
closeThe world of business is simplified for you by Kaya Biz with Gugulethu Mfuphi. This fast-paced award-winning business show talks to the corporate giants as well as up and coming entrepreneurs about their wins and challenges. Gugulethu invites guests to offer their analyses of markets and economies, and also delves into issues of personal financial wellness. Kaya Biz airs Mondays to Thursdays 18h00 to 19h00.
closePoint of View with Phemelo Motene delves into the day’s current affairs, touches on real issues that affect people’s daily lives and shares expert advice on questions posed by the audience. Mondays to Thursdays 20:00 to 22:00.
close© 2024 Kaya 959 | On The Street On The Air
THIS PRIVACY STATEMENT FORMS PART OF KAYA 959’S TERMS OF USE POLICY. IF YOU DO NOT AGREE WITH ANY TERM OF THIS PRIVACY STATEMENT, YOU MUST CEASE YOUR ACCESS OF THIS WEBSITE IMMEDIATELY.
POPIA Act – To promote the protection of personal information processed by public and private bodies; to introduce certain conditions so as to establish minimum requirements for the processing of personal information; to provide for the establishment of an Information Regulator to exercise certain powers and to perform certain duties and functions in terms of this Act and the Promotion of Access to Information Act, 2000; to provide for the issuing of codes of conduct; to provide for the rights of persons regarding unsolicited electronic communications and automated decision making; to regulate the flow of personal information across the borders of the Republic; and to provide for matters connected therewith.
RECOGNISING THAT—
AND BEARING IN MIND THAT—
AND IN ORDER TO—
1.1.“Personal Information” means information relating to an identifiable, living, natural person and where it is applicable, identifiable, existing juristic person, including all information as defined in the Protection of Personal Information Act 4 of 2013.
1.2 Parliament assented to POPIA on 19 November 2013. The commencement date of section 1, Part A of Chapter 5, section 112 and section 113 was 11 April 2014. The commencement date of the other sections was 1 July 2020 (with the exception of section 110 and 114(4). The President of South Africa has proclaimed the POPI commencement date to be 1 July 2020.
1.3. “Processing” means the creation, generation, communication, storage, destruction of personal information as more fully defined in the Protection of Personal Information Act 4 of 2013.
1.4. “You” or the “user” means any person who accesses and browses this website for any purpose.
1.4. “Website” means the website of the KAYA 959 at URL www.kaya959.co.za or such other URL as KAYA 959 may choose from time to time.
2.1. KAYA 959 respects your privacy. This privacy policy statement sets out KAYA 959’s information gathering and dissemination practices in respect of the Website.
2.2. This Privacy Policy governs the processing of personal information provided to KAYA 959 through your use of the Website.
2.3. Please note that, due to legal and other developments, KAYA 959 may amend these terms and conditions from time to time.
3.1. By providing your personal information to KAYA 959 you acknowledge that it has been collected directly from you and consent to its processing by KAYA 959.
3.2. Where you submit Personal Information (such as name, address, telephone number and email address) via the website (e.g. through completing any online form) the following principles are observed in the processing of that information:
3.2.1. KAYA 959 will only collect personal information for a purpose consistent with the purpose for which it is required. The specific purpose for which information is
collected will be apparent from the context in which it is requested.
3.2.2. KAYA 959 will only process personal information in a manner that is adequate, relevant and not excessive in the context of the purpose for which it is processed.
3.2.3. Personal information will only be processed for a purpose compatible with that for which it was collected, unless you have agreed to an alternative purpose in writing or KAYA 959 is permitted in terms of national legislation of general application dealing primarily with the protection of personal information.
3.2.4. KAYA 959 will keep records of all personal Information collected and the specific purpose for which it was collected for a period of 1 (one) year from the date on which it was last used.
3.2.5. KAYA 959 will not disclose any personal information relating to you to any third party unless your prior written agreement is obtained or KAYA 959 is required to do so by law.
3.2.6. If personal information is released with your consent KAYA 959 will retain a record of the information released, the third party to which it was released, the reason for the release and the date of release, for a period of 1 (one) year from the date on which it was last used.
3.2.7. KAYA 959 will destroy or delete any personal information that is no longer needed by KAYA 959 for the purpose it was initially collected, or subsequently processed.
3.3. Note that, as permitted by the Electronic Communications and Transactions Act 25 of 2002, KAYA 959 may use personal information collected to compile profiles for statistical purposes. No information contained in the profiles or statistics will be able to be linked to any specific user.
4.1. KAYA 959 may use standard technology to collect information about the use of this website. This technology is not able to identify individual users but simply allows KAYA 959 to collect statistics.
4.2. KAYA 959 may utilise temporary or session cookies to keep track of users’ browsing habits. A cookie is a small file that is placed on your hard drive in order to keep a record of your interaction with this website and facilitate user convenience.
4.2.1. Cookies by themselves will not be used to identify users personally but may be used to compile identified statistics relating to use of services offered or to provide KAYA 959 with feedback on the performance of this website.
4.2.2. The following classes of information may be collected in respect of users who have enabled cookies:
4.2.2.1. The browser software used;
4.2.2.2. IP address;
4.2.2.3. Date and time of activities while visiting the website;
4.2.2.4. URLs of internal pages visited; and
4.2.2.5. referrers.
4.3. If you do not wish cookies to be employed to customize your interaction with this website it is possible to alter the manner in which your browser handles cookies. Please note that, if this is done, certain services on this website may not be available.
5.1. KAYA 959 takes reasonable measures to ensure the security and integrity of information submitted to or collected by this website, but cannot under any circumstances be held liable for any loss or other damage sustained by you as a result of unlawful access to or dissemination of any personal information by a third party.
6.1. KAYA 959 has no control over and accepts no responsibility for the privacy practices of any third party websites to which hyperlinks may have been provided and KAYA 959 strongly recommends that you review the privacy policy of any website you visit before using it further.
7.1. If you have any queries about this privacy policy please contact us by emailing [email protected]