SUBSTITUTION OR DISCHARGE OF EXISTING MAINTENANCE ORDER

It may become necessary to adjust the monthly maintenance payable towards a child, depending on the changing needs of the child or the financial position of the parents.

Section 15(2) of the Maintenance Act 99 of 1998 defines the need of the child as the needs which a child reasonably requires for his or her proper living and upbringing, and includes food, clothing, accommodation, education and medical care.

A maintenance order may be varied, suspended or rescinded, at the Maintenance Court located at the nearest Magistrate’s Court where the child resides.

Once the Maintenance Court has established what the child’s needs are, it will consider the financial ability of each parent to contribute to such needs. The parents must disclose their financial position to the Court.

The Maintenance Court will only grant an increase or decrease to the current maintenance order if there is a material change in the parent’s financial circumstances.

Contact Rosa Van Niekerk Attorneys on 010 110 9500 and schedule a consultation should you have any maintenance-related questions

by: Nthabiseng Sefudi

Attorney

 Rosa van Niekerk Attorneys

Tel: 010 110 9500

Email: litigation2@rvnattorneys.com