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Child support may be ordered to be paid by one parent to another when one is a non-custodial parent and the other is a custodial parent. Similarly, child support may also be ordered to be paid by one parent to another when both parents are custodial parents (joint or shared custody) and they share the child-raising responsibilities.
The Children's Act, 2005 (Act No. 38 of 2005) is an act of the Parliament of South Africa that consolidates and reforms the law on matters related to children. [1] It deals with topics including the age of majority, paternity, custody, child support, guardianship, parenting plans, children's courts, circumcision, day care, child protection, foster care, group homes, adoption, surrogacy, child ...
Under South African law, both parents are obligated to provide financial maintenance for their children, regardless of marital status. The amount of maintenance is determined based on each parent's income and must be negotiated in accordance with the Maintenance Act 99 of 1998 and the Children's Act, 2005 . [ 7 ]
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The Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, also referred to as the Hague Maintenance Convention or the Hague Child Support Convention is a multilateral treaty governing the enforcement of judicial decisions regarding child support (and other forms of family support) extraterritorially.
A new method of child maintenance calculation came into effect on 3 March 2003. The previous method used a "complex formula of up to 108 pieces of information", [3] by first calculating the total child maintenance required based on the children's ages, then calculating the non-resident parents income after various allowances were subtracted, and finally working out what portion of the ...
Thus the primary carer receives a reduced child maintenance calculation if the secondary carer has more than 52 nights/year contract with his children. This could be considered as unfair to those secondary carers who provide significant day-time care of the children but are unable to provide overnight accommodation owing to the unsuitability of ...
South African family law is concerned with those legal rules in South Africa which pertain to familial relationships. [1] It may be defined as "that subdivision of material private law which researches, describes and regulates the origin, contents and dissolution of all legal relationships between: (i) husband and wife (including the parties to a civil union); (ii) parents, guardians (and ...