South African law recognises the importance of both parents contributing financially to their children's well-being. Child maintenance isn't a fixed amount but considers your unique family circumstances, including your standard of living. Here's a breakdown of the three-step process for calculating child maintenance:
Step 1: Understanding Your Child's Needs
This step involves identifying your child's reasonable expenses. A pre-existing divorce budget can be used as a starting point, but creating a divorce budget is highly recommended. Here's what you'll need to consider:
- Shared Expenses: These are expenses you currently share for the household (e.g., rent, groceries, utilities).
- Individual Expenses: These are expenses directly related to the parent or the child (e.g., school fees, extra-curricular activities, clothing, entertainment).
Dividing Shared Expenses:
A common approach allocates total household expenses based on the number of people living there. Typically, one share is allocated for each child and two shares for each adult or older child. Remember, this is a general guideline, and adjustments might be necessary. For example, teenagers might have higher needs than younger children.
Example:
Imagine you live alone with two children. The monthly grocery bill comes to R6,000. In this scenario:
- You (the adult) are considered 2 parts.
- Each child is considered 1 part.
- The total allocation is 2 (adult) + 1 (child 1) + 1 (child 2) = 4 parts.
- Dividing the total grocery cost (R6,000) by the total parts (4) gives a base amount of R1,500 per part.
- Therefore:
- Your share (as the adult) would be 2 parts * R1,500/part = R3,000.
- Each child's share would be 1 part * R1,500/part = R1,500.
Important Note:
This is a simplified example. Actual child maintenance calculations consider various factors and may involve a more complex formula.
Be realistic and consider how your living situation has changed.
Step 2: Considering Parental Finances
Both parents' income and financial obligations influence the maintenance amount. Each parent contributes proportionally (pro rata) based on their income levels.
Step 3: Determining a Fair Maintenance Amount
Based on the child's needs and each parent's financial situation, a court will establish a fair maintenance amount.
Example:
Consider the following scenario:
- Child's Needs: R16,000 per month
- Mr. X's income: R30,000 per month
- Mrs. X's income: R10,000 per month
Using a specific formula, the court might determine that:
- Mr. X is responsible for R12,000 (75%)
- Mrs. X is responsible for R4,000 (25%)
Finding a Sustainable Solution:
It's important to strike a balance between the child's needs and the parents' combined income. If the child's needs exceed the combined income, you may need to revisit the breakdown of the child's needs for adjustment.
Remember:
The goal is to ensure the child's well-being while considering the financial limitations of the parents. Working together to find a sustainable solution is key.
Additional Considerations:
Child maintenance orders can cover various expenses, including:
- Cash Payments:
The non-resident parent contributes a set monthly amount to the resident parent for the child's living expenses.
- Education Expenses:
This may include the child's school fees, after-school care, lunches, school trips, books, stationery, uniforms, and sports activity expenses.
- Medical Expenses:
This may include contributions towards the child's medical care, including medical aid premiums and out-of-pocket expenses.