Both parents are liable to and have a duty to contribute towards the maintenance of a child.
The Maintenance Act 99 of 1988 stipulates that the duty to contribute towards the maintenance of a child extends to such support as a child reasonably requires for his or her proper living and upbringing, and includes the provision of food, clothing, accommodation, medical care and education.
In determining the amount to be paid as maintenance in respect of a child by each parent the Maintenance Court will consider the following: -
- that the duty of supporting a child is an obligation which the parents have incurred jointly;
- that the parents' respective shares of such obligation are apportioned between them according to their respective means; and
- that the duty exists, irrespective of whether a child is born in or out of wedlock or is born of a first or subsequent marriage.
The minor child will not have access to these funds as the primary caregiver will make payment of these expenses as their guardian and on their behalf.
Article by Nathea Smith (Associate)
