29 June 2022

From Tinder to Maintenance Court

Submitted by SchoemanLaw Inc

by Kavita Kooverjee

With the new dating style resulting from us swiping either right or left, many "couples" face some interesting new problems. Dating has taken a new turn, with more people finding people online. Having a fabulous night together and then never meeting each other again, Until you are hit with a surprise, nine months later, meaning that one-night stand leads to very much unexpected or sometimes an expected pregnancy.

Tracking the other parent: Now sometimes, you may be faced with the slight dilemma of trying to find the other parent. One would hope you at least have a screenshot of the profile you swiped on or a WhatsApp number. After some Facebook and LinkedIn stalking, I recommend hiring a tracer or Private Investigator if you still can't find the other parent.

Once both parents overcome the shock and joy of the new blessing, a maintenance plan for the child will be needed. But sometimes, the other parent may not be willing to assist in the maintenance of the child, and that is where one may think they have hit a roadblock. So Who Maintains the child. We begin by looking at the Children's Act 38 of 2005, which states that parents must make financial contributions to the child's care, upbringing and development, whether the parents are in a relationship or not, or even if there weren't in one, to begin with.

It specifies that Both Parents must maintain their child. This duty does not stop at just the parents of the child; this duty can be extended to biological grandparents and guardians. Unwilling to Pay Maintenance If one parent is unwilling to maintain the child, the guardian or primary caregiver can apply for a maintenance order from the court.

This will stipulate the cash amount each parent must contribute to the child's primary carer. It must be noted that although both parents have to support the child. The proportion each parent pays may not be the exact same; it will be proportionate to what each individual earns, which will be fair.

The court will also weigh the child's maintenance needs against each parent's means and income to determine a reasonable maintenance order. Changing Needs Over the years, a child's needs will change, and one can apply to the court for a new maintenance order to assist the child. So no matter how the beautiful child came into the world, whether you have a good relationship with the co-parent or not, it is essential to ensure that the child is taken care of by both parents. Contact us if SchoemanLaw for all your family law needs. www.schoemanlaw.co.za.

Kavita Kooverjee

SchoemanLaw Inc, Cape Town


SchoemanLaw Inc

SchoemanLaw Inc Attorneys, Conveyancers and Notaries Public is a boutique law firm offering its clients access to high quality online legal documents and agreements, together with a wide range of legal services. The firm has an innovative and entrepreneurial mindset that distinguishes it from other law firms. We apply our first-hand understanding of the challenges facing entrepreneurs (regardless of their business size) to develop proven, practical solutions incorporating legal compliance, risk aversion and business sense. We achieve this by offering clients tailored, yet holistic support comprising of legal gap analysis, the design of tailored legal solutions and the practical implementation thereof through training and automation. With your personal interests in mind, our ultimate aim is to implement measures that protect the results of your hard work as effectively as possible.