Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Benoni.

According to Advocate Muhammad Abduroaf, child Maintenance is the right of the child, and not that of the parent. It is also not a privilege granted to parents who must pay for it. It is their duty to pay child maintenance and support their children. Once the child is self-supporting (i.e., able to care for themselves), the obligation falls away. This can happen when the child is 18, 20, or even 30. It all depends on the circumstances of the case.

Claiming child maintenance for your child in Benoni

Whether you claim child maintenance in Benoni or any other city in South Africa, the procedures would be the same. There are, however, two (2) courts that can deal with child maintenance matters. That is a divorce court, in a divorce matter, and a Child Maintenance Court. For this article, we will focus on claiming maintenance in a Maintenance Court matter in Benoni.

The maintenance scenario – Benoni, South Africa

In this article, we will deal with the following fictitious scenario, in a child maintenance matter:

1. The Child is seven years old and attends school in Benoni
2. The child is cared for by the mother, who works in Benoni
3. The mother works and earns a Salary of R 10 000
4. The father sees the child every second weekend. He also lives and works in Benoni
5. The child’s monthly expenses are R 6000 – 00, which includes food, clothing, accommodation, education, travel, etc.
6. The father earns a reasonable salary and can afford the R 20 000 – 00 per month
7. The mother claims R 4 000 – 00 maintenance as the father earns double her salary

What is the first step the mother must take in claiming child maintenance?

The first thing the mother must do is work out exactly what each item costs the child. She breaks down the minor child’s living expenses, starting from rent or accommodation to groceries to school fees, etc. Once she has done that, she will need to determine the exact monthly costs for the minor child, as she will be asking the father to contribute towards them. According to Advocate Muhammad Abduroaf, as best as possible, she needs to collect proof of expenses. This can be in the form of receipts.

How does she start the legal process?

The mother now needs to approach the maintenance court in the area where she lives or works to lodge a complaint for child maintenance. If she lives or works in Benoni, it would be the maintenance court in Benoni. She will complete a Form A, wherein she will provide all the expenses for herself and the minor child. She would also have to stipulate her income. Once she completes the form and submits it to the maintenance court, she must then follow the next step.

What do you do while waiting for the maintenance court date?

While you wait to be informed of the court date by the Maintenance Court of Benoni, and up until the actual first court date, you need to ensure that you keep a record of all income and expenses for you and the child. This is very important as the court allocates maintenance based on recent income and expenses.

What happens at the first court appearance at the Benoni Maintenance Court?

Once you have been notified of the maintenance court date by the Benoni Maintenance Court, you need to ensure that you attend it. On that day, both you and the father of the child would appear before a maintenance officer. The maintenance officer would go through both your income and expenses, as well as those of the father. If all the relevant information is not before the maintenance court, then the matter may be postponed in order for the parties to submit it.

The maintenance officer will try to settle the matter and have the parents come to an agreement regarding the amount of child maintenance to be paid. If they cannot come to an agreement regarding the child maintenance to be paid, the matter would have to proceed to a formal hearing or trial before a Magistrate.

How does the Maintenance Court hearing or trial work in Benoni?

Essentially, the maintenance court is called upon to make a fair ruling regarding what is a fair amount of child support that needs to be paid. For that to happen, the parents would have to give evidence in that regard. The mother would present to the court what the child costs, what she contributes and what she requires the other parent to pay. The Father would have a right to question the mother and to present evidence as to why he cannot afford the amount requested or why he feels it is an unfair amount. The mother can also question him.

At the end of the day, the Benoni Maintenance Court would be able to properly determine what is a fair and adequate amount of child maintenance to pay after being presented with all relevant information. The Benoni Maintenance Court should play an active role in determining what is a fair amount of child maintenance the father should pay.

The above child maintenance application principles should apply to the following provinces and cities:

Eastern Cape:

Alice, Butterworth, East London, Graaff-Reinet, Grahamstown, King William’s Town, Mthatha

Port Elizabeth, Queenstown, Uitenhage, Zwelitsha

Free State:

Bethlehem. Bloemfontein, Jagersfontein, Kroonstad, Odendaalsrus, Parys, Phuthaditjhaba, Sasolburg, Virginia, Welkom

Gauteng:

Benoni, Boksburg, Brakpan, Carletonville, Germiston, Johannesburg, Krugersdorp, Pretoria, Randburg, Randfontein, Roodepoort, Soweto, Springs, Vanderbijlpark, Vereeniging

KwaZulu-Natal:

Durban, Empangeni, Ladysmith, Newcastle, Pietermaritzburg, Pinetown, Ulundi, Umlazi

Limpopo:

Giyani, Lebowakgomo, Musina, Phalaborwa, Polokwane, Seshego, Sibasa, Thabazimbi

Mpumalanga:

Emalahleni, Nelspruit, Secunda, North West, Klerksdorp, Mahikeng, Mmabatho, Potchefstroom, Rustenburg, Northern Cape, Kimberley, Kuruman, Port Nolloth

Western Cape:

Bellville, Benoni, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester.

ABOUT ADVOCATE MUHAMMAD ABDUROAF

Advocate Muhammad Abduroaf is a hardworking and distinguished legal professional and a respected figure in the field of law in South Africa. Known for his unwavering commitment to justice and his ability to navigate complex legal challenges, Advocate Muhammad Abduroaf has built a career spanning over two decades, marked by excellence and a profound dedication to serving his clients and the broader community.

Advocate Muhammad Abduroaf’s journey into law began with a robust academic foundation. He pursued his legal studies with a vision to impact the justice system positively. His areas of expertise span a wide array of legal disciplines, making him a versatile advocate capable of handling multifaceted cases with precision and care. He holds both an LL.B. and LL.M. (Master of Laws) degree.

Throughout his career, Advocate Muhammad Abduroaf has been involved in numerous landmark cases that have set significant legal precedents. His methodical approach, combined with a deep understanding of the law, has earned him the respect of his peers and clients alike. He is known for his meticulous preparation and ability to craft compelling arguments that influence the course of justice. A recent landmark judgment in which he successfully represented his client was FCP v STC and Another (Appeal) 2025 JDR 0812 (WCC), where the Appeal Court supported his argument that a child’s right to maintenance and a parent’s responsibility in that regard cannot be terminated. Google his more recent judgments.

Two of his notable judgments of approximately two decades ago were when he successfully argued for his clients in the reported cases of:

• Petersen v Maintenance Officer Simon’s Town Maintenance Court and Others 2004 2 SA 56 (C) 381. Because of this case, it is now possible to claim maintenance from paternal grandparents of children born out of wedlock. This was not possible for over 80 years, and
• Soller v Maintenance Magistrate, Wynberg and Others 2006 2 SA 66 (C) 2006 446, where the Western Cape High Court confirmed the extensive powers of the Maintenance Court, which included interdicting pension funds to pay.

Trust Account Advocate

Advocate Abduroaf is a Trust Account Advocate. Therefore, his work comes to him via attorneys or directly from the public. Therefore, if you require the assistance of Advocate Muhammad Abduroaf, you may approach him directly.

Contributions to the Community

Beyond the courtroom, Advocate Muhammad Abduroaf is deeply invested in online community development and legal education. He has organised and participated in numerous events aimed at empowering individuals with knowledge of their legal rights. His efforts to make the law accessible to all reflect his belief in the transformative power of knowledge and justice.

A Vision for the Future

Advocate Muhammad Abduroaf continues to inspire aspiring legal professionals and advocates. His career is a testament to the value of integrity, perseverance, and a relentless pursuit of justice. As he forges ahead, his contributions to the legal field and society as a whole remain invaluable.

In sum, Advocate Muhammad Abduroaf exemplifies the qualities of a dedicated advocate, using his knowledge and expertise to make a meaningful impact in the lives of many. His legacy is one of justice, compassion, and unwavering commitment to the rule of law.

CONNECT WITH ADVOCATE MUHAMMAD ABDUROAF

If you wish to connect with Advocate Muhammad Abduroaf, his website is www.abduroaf.co.za. We suggest you schedule an appointment with him if you require legal advice or legal representation.