Child maintenance is complicated enough as it is. When maintenance does not get paid, unnecessary complications arise causing stress and places undue pressure on the other parent or guardian.
For a child to flourish, her basic needs must be financially supported. Therefore, parents, whether divorced, separated, or married, must ensure they can financially support their child/children within reasonable bounds. Unfortunately, that is not always the case. When parents have divorced or are no longer romantically involved, one parent must pay maintenance for the child/children from that relationship. The magistrate's court determines the maintenance amount based on what the parent can financially afford to cope financially themselves. Maintenance is a monthly amount paid to the primary caregiver and used for food, clothing, medical expenses, education and housing. Other costs can include any essentials the child/children may need to live comfortably.
As ideal as this sounds, not all parents pay their expected maintenance on time or, in many cases, do not pay. Non-payment makes it increasingly difficult for the primary caregiver to provide the child/children with their essentials. There are several ways to receive overdue maintenance, but these methods are time-consuming and cause the primary caregiver unnecessary embarrassment. For example, taking South African statistics into account, if a mother decides to take steps against her child’s father for non-payment and lays a formal complaint with the magistrate’s court, her case could take months before reaching a judge. The judge will then ask the father why he could not make payment, and without a good enough reason, the father could be served a fine, imprisonment, or a suspended sentence. This process is exceptionally drawn-out as the South African courts are overwhelmed by the number of maintenance cases. One will also see biological grandparents get called to pay maintenance on behalf of a parent who cannot afford to do so themselves.
The mediation process allows the primary caregiver to settle the matter outside a court environment – this is less stressful than going to court and will save time. As a fully qualified, trained and NABFAM accredited mediator, I can assist with drawing up maintenance agreements between two parents or parties that will put the child/children’s best interests first whilst also taking the parents’ financial states into account. When the parents agree, the settlement agreement becomes an order of the court and legally binding for both parties. The mediation process will also aid in opening discussions on what each parent expects from the other post-mediation for both to remain civil for the sake of their child/children.
If you require mediation services, contact me today for more information.
References
Family Law, 2022. Offences and Penalties if you don’t pay child maintenance. https://www.divorcelaws.co.za/what-happens-if-you-dont-pay-child-maintenance.html
Stats SA, 2021. Wellbeing of children in SA is vital for a brighter future. https://www.statssa.gov.za/?p=14038.
Western Cape Government, 2019. All you need to know about child maintenance. https://www.westerncape.gov.za/general-publication/all-you-need-know-about-child-maintenance#:~:text=Parents%20are%20required%20to%20pay,issue%20a%20warrant%20of%20arrest.