October/November 2018

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Business - Leisure - Lifetyle CHILD MAINTENANCE AND THE LAW THE TRUTH is that not all marriages end up being the stereotypical fairy tale we know and love. In fact, 25 326 divorces were granted in South Africa in 2016. This is according to a recently released report by Statistics South Africa on marriages and divorces. According to the report, men tend to marry younger women. More than 76% of bridegrooms were older than their brides, compared to nearly 16% who were younger than their brides. Only 8% were the same age as their brides. Men are also more likely to marry women who had never been married before. Nearly 94% of bachelors married women who had never been married before, and only 1% married divorcees. Results showed that four in ten divorces (44,4%) of the 25 326 in 2016 were marriages that lasted for less than 10 years. Irrespective of the population group, the highest proportion of divorces were among couples who had been married for five to nine years. The results showed that 31,7% of the black African group, 25,4% of coloureds, 25,0% of whites and 22,4% of Indian/Asian couples who divorced had marriages that lasted between five and nine years. The white population had the highest proportion (22,6%) of divorces that occurred in the first five years of marriage. Generally, the proportion of divorces for black Africans increased while that of the white population group declined from 2003 to 2016. STATS SA A reality is the minor children are often victims of ‘broken marriages’ and the law is the medium for common ground. The basic principles of child maintenance is that the extent of the obligation is based on the standard of living, income and means of the person/s obliged to pay. The obligation rests on both parents and in accordance to their respective means. The fact that one parent can adequately support the child on his/her own does not mean that the other parent can avoid contributing. Once a child has reached the age of 18, a parent cannot claim maintenance on their behalf. The child must institute action in his/her personal capacity. A parent’s duty of support towards his/her child is not affected in any way by a remarriage and a step-parent is also under no obligation to support a stepchild. Likewise, a child from a first marriage does not have priority over a child from a second marriage when it comes to maintenance obligations. The refusal to allow a parent contact does not entitle that parent to stop paying maintenance. When maintenance court makes an order regarding maintenance, such an order is not one that is cast in stone. If circumstances change, an application for an increase or reduction in maintenance can be made. It is important to consult with an attorney in order to ensure that one has a legitimate claim and that they are able to defend their claim to the best of their ability. Omashni Leeladhar Attorneys 083 796 5590 or omashni@ol-attorneys.co.za for advice.
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