Where Do I Go to File a Complaint Against My Baby Daddy
ABC guide to applying for Kid Support/Kid Maintenance
Child Maintenance Guide: Written past Advocate Muhammad Abduroaf
The procedures to be followed in instituting a complaint for child maintenance are regulated by the Maintenance Human action 99 of 1998. Below is a uncomplicated "ABC" guide to get you started in claiming maintenance for yourself, your children or dependents. This I wrote in order to encourage people to claim needed maintenance for their children or for themselves. Think, the Maintenance Courtroom would be more than than happy to assist y'all with whatever other legal queries you may accept. Before I deal with the simple steps that should be followed in claiming maintenance, I shall first deal with the following question:
Q: From whom may maintenance be claimed?
A: Maintenance may be claimed from persons who have a legal obligation to maintain you lot. For instance, children can claim maintenance from their parents or a wife from her husband and visa versa. Seeing that children are minors, they are assisted past their parent or guardian through the maintenance process, but in actual fact, it is the child who is claiming. For the purposes of the steps beneath, I shall structure it as if a parent or guardian is claiming maintenance on behalf of the child. 
Income and Expenses – Pace 1 …
Go concord of all your proof of income. Eastward.g. pay slips. If you are not working for an employer, you lot should become agree of proof that you earn a certain amount of money per month. If you are unemployed, that is in order.
Get together a list of all monthly expenses incurred for yourself and your children. This would include hire, groceries, dress, entertainment, etc. This information is required when filling in the maintenance awarding form that is dealt with in Step 2 below.
Find out all the details of the person from whom you lot are requesting maintenance. For instance, his/her home and piece of work address and identity number.
Visit the Maintenance Court – Step 2 …
Go to the Maintenance Court closes to your surface area and obtain an "Application for Maintenance Order Form" also referred to as "Form A".
Use the information you have gathered in Footstep 1 and fill in the course. The form is in the class of an affidavit and you, therefore, have to swear to the correctness of the information under oath and sign. Therefore, do not hide any information for the Court.
Caution: If your data is not 100 % correct, yous may be cross-examined on such definiteness in Court and if it is found that you were not totally honest, this would not be in your favour. If y'all require any assistance in filling in the course, the maintenance officers would exist happy to assist yous. Once you take filled in the Application for Maintenance Society Form, return it to the maintenance officer who will process it for you. If the maintenance officeholder can provide you with a reference/case number there and then, request it. The Maintenance Courtroom will send you and the person you are claiming maintenance from a letter or subpoena to appear at the Maintenance Courtroom for an inquiry with the maintenance officeholder. Diarise the date immediately and make arrangements with your work and a babysitter as presently equally possible. If you miss the date, it can take months to get some other.
Get your document in order – Step 3…
From the time you left the office of the maintenance officer and even from the time you lot decided to claim maintenance, go along all receipts you lot received for any items bought for you and your child. Therefore, if you buy nappies for your kid or even a toy, continue that receipt as if it is gold. This is due to you having to evidence to the court that y'all actually do spend money on the kid and you take the receipts to bear witness it.
You will before long hear from the Maintenance Court where they will exist giving you a date to appear back at the Maintenance Court for an inquiry. They would either inform you lot by post or by a subpoena. On that date, both yous and the person from whom maintenance is claimed would have to appear. If you are planning on making use of a legal representative, inform him/her early well-nigh the date so that he/she can exist available to assist you at Court.
In the detect to appear for the maintenance research, it is requested that you bring proof of all expenses and income for you and your child. This is why information technology is so very of import for y'all to go along all proof of expenditure in a safe place.
Hint: If you lot can afford to, bring original proof of expenditure and income and a photocopy thereof. The original y'all would then be able to take back domicile and bring it dorsum when requested and the re-create will stay in the Court file.
The Maintenance Enquiry – Pace 4 …
This step deals with the maintenance inquiry where you and the person from whom you lot are claiming maintenance from will appear earlier a maintenance officeholder. The maintenance officer will speak to each of the parties and look at the documents provided. Each party will get a chance to explain why he/she requires maintenance and too why he/she tin can't afford the maintenance requested. The maintenance officer will equally far as possible try to resolve the matter there and then without it having to get to court. If the parties can agree to an amount, this amount can be made an club of the court. If even so an agreement cannot be reached at this stage, the thing, depending on the Court will either be referred to a prosecutor or for trial.
Remember, if you are a begetter or a person currently paying maintenance/child support, a reduction is possible. The same goes for an application for an increase in maintenance/child back up
Sharing is Caring
This and other articles and posts constitute on this website are written by Adv. Muhammad Abduroaf to aid people with diverse family law related issues they may have. If you find any of our manufactures, gratuitous resources and posts interesting, or peradventure useful to others, delight share it on Social Media.
Should yous require any other legal services and advice, not related to family law, visit Individual Legal.
Purchase a Consultation with the states from our Online Store, by clicking here.
Source: https://www.ourlawyer.co.za/child-maintenance-support-application-court/
0 Response to "Where Do I Go to File a Complaint Against My Baby Daddy"
Post a Comment