The South African law on child maintenance is simple; the parent that does not have custody of the children is required to pay an agreed upon amount of money for their child or children each month. If the mother or father refuses to do this, the parent with custody can take them to court and the judge will look at the case and decide on a fair amount that needs to be paid. This doesn’t only come into play if there is divorce on the cards; the parents don’t need to be married in order for the mother or father to pay maintenance.
Financial support is non negotiable; the South African law on child maintenance states that the parent without custody will pay the parent that does have custody. You should have an attorney present for all the legal proceedings, to ensure everything stays on the good side of the law. In court, the judge will look at the parents’ income and expenditure and decide what they can afford to pay every month. The law doesn’t state that you have to be married; all children have two parents and both of them are liable for supporting the children. Whether you are going through a divorce, you are divorced or you were never married, it makes no difference.
You do not have to go through the legal route and have an attorney if you and your ex can come to an agreement on your own about financial support of your children. It is only fair that each parent pays their fair share towards the well being of their kids and if any parent does not do this, you can take them to court if you have to, the judge will make them pay, whether they want to or not; that’s just how the South African law on child maintenance works.