What are the grounds for claiming maintenance?
The sole ground for claiming maintenance is the failure to maintain where there is a duty to maintain.
What factors will the court consider?
There are certain factors the court will consider in deciding whether to exercise its power to order maintenance. Pursuant to Section 50 (1) (a) CCGMA, the court will consider, “the income, earning capacity, property and other financial resources which the applicant or each person liable to maintain the child has or is likely to have in the foreseeable future.”
The court, therefore, considers the financial capabilities of both parents and whether they are capable of working. The court further considers whether the parties have properties in their names. The focus is also on what the state of affairs and possessions of the parties are likely to be in the foreseeable future.
Section 50 (1) (b) CCGMA further provides that the court must consider, “the financial needs, obligations, and responsibilities each person liable to maintain the child has or is likely to have in the foreseeable future.” The financial needs of the child, the income, earning capacity, property and financial resources of the child and the special needs of the child, since some children may have disabilities and also the manner in which the child was being or is expected to be educated and trained: Section 50 (1) (c) to (f) CCGM Act.
In deciding whether to make a maintenance order against a person with regard to a child who is not the person’s biological child, apart from those above-mentioned considerations, the court will take into account whether that person assumed responsibility for the child’s maintenance, and if so, the extent to which, the basis upon which, and the length of time for which the responsibility was assumed: Section 50 (2) (a) CCGM Act. The court will also consider whether the person did so with the knowledge that the child was not the child of that person and the liability of any other person to maintain that child: Section 50 (2) (b) and (c) CCGM Act.
