7 THINGS YOU NEED TO UNDERSTAND ABOUT CHILD SUPPORT (MAINTENANCE)
A child is the most vulnerable member of any society; as such the law places a duty on parents to support their child. Payment of maintenance is intended to provide for the needs of the child at a reasonable and affordable cost. The key words here being reasonable and affordable.
Maintenance court rarely has lawyers appearing on behalf of parties and often because most cannot afford an attorney so this might help most people be better prepared when they file a case or appear in court in response to a summons.
This duty of support is not affected in any way by the marriage of either parent and the expenses paid must be for the direct benefit of the child. That being said, let’s begin.
1.PATERNITY
The duty to pay maintenance lasts for at least 21 years in normal cases. It is therefore important that whoever doubts their paternity of the child must make arrangements as soon as possible to have a paternity test done. The cost of a paternity (DNA) test is far less than the cost of paying maintenance over 21 years. Demanding one is not unreasonable especially if the costs are paid by you. It might cost you your relationship though.
For those who learn at a later stage that the child is not yours, confirm the same through DNA tests unless you have no issues with continuation support out of the love and strong bond you have with the child.
Overall, no man should ever stand before court and claim that a child is not his without evidence to support his claim especially in response to a woman`s claim that the child is his. Once you admit to having been in a relationship the mother of the child, denying paternity with no proof sounds more like you are trying to run away from your responsibility.
2. ON FILING YOUR CLAIM FOR MAINTENANCE
Whenever you find yourself compelled to file a claim for maintenance, be clear on how much you are claiming and why. A wise complainant provides a breakdown of figures showing how much each item costs (food, hair, transport etc) in order to justify the total demanded. Remember, to keep in mind reasonable and affordable costs.
The court will determine the appropriate amount of maintenance by striving to balance the needs of the child and the means of the parent. For example it would be unreasonable to demand that someone pay P500.00 when they earn P800.00 per month! Each case depends on its circumstances so there is no standard amount.
One may claim P2, 000.00 and another P500.00 and the court may grant each demand based on their circumstances and the lifestyle that the child may be accustomed to. No two people or cases are the same.
The fact that the parent has a net salary of P20, 000.00 does not mean the complainant is entitled to demand P5, 000.00 when the needs of the child amount to P1, 000.00. Justify your claim.
3.APPEARING IN COURT FOR MAINTENANCE CLAIM
It goes without saying that in most cases, it is the fathers who are summoned to court for failure to pay child support. Mothers too are summoned in some instances. The real issue that must be addressed is not whether you are able to pay but how much you can afford to pay.
Most people make the mistake of thinking they can defend the claim by saying they are unemployed. Remember, this issue concerns an innocent child so failure to pay maintenance places an unfair burden on the other parent.
The child does not stop having needs because a parent does not have the resources. Each parent must contribute something and the truth is even with the high unemployment rate, some things cannot be sacrificed and the welfare of a child is one of them.
4.WHAT TO BRING WHEN YOU APPEAR AT COURT
If you are employed, take your recent payslip with you. Be prepared to explain what your monthly expenses are if asked by the court. This helps the court strike a balance between your means and the needs of the child. If you turn up empty handed, you risk seeming like you do not take welfare of your child seriously.
If you have summoned to court for one child and yet you consider the amount to be too high for that one child maybe because you have more children whom you support as well then take copies of their birth certificates with you. It is important to be sincere before court and to submit anything that might support your claim. Words alone may not be enough.
If your claim is that you have been paying child support all along then consider making electronic payments in future to create a paper trail. It may be the only thing that helps you defend the claim. If you do not have any documentary proof (bank statements) then you can only say you paid and hope the court is persuaded by your words.
5. VARIATION OF MAINTENANCE ORDER
Variation simply means to change (more or less). A party may apply for variation of maintenance order due to change of circumstances. The change might be influenced by;
The needs of the child
The change of employment status of the other parent.
The court may allow someone to pay P200.00 monthly as maintenance due to the fact that they had been unemployed at the time. If he later finds himself gainfully employed again, the other party can apply for the amount to be raised (varied).
As a child grows up, their needs also increase so unless parties can mutually agree to raise maintenance then the complainant can apply for variation at court.
6. PITFALLS TO AVOID
The problem is that most parents do not support their children even when they are able such that by the time they fall on hard times and get sued they have arrears that date back to when they had the finances and resources to contribute.
If you appear not to take the welfare of your child seriously or understate your income or appear dishonest by giving self contradictory statements, the court is most likely to believe the other party’s version of events as narrated by them.
Whenever you are summoned to court for a child who is a few years older, you are expected to have reorganized your finances to accommodate that child. In other words, you cannot continue to over commit yourself financially (e.g by taking on loans) then later using them as an excuse for failing to support. Your voluntary financial commitments must never affect what`s due to the child.
7. THE HUMAN ELEMENT
Every judicial officer faces the massive task of having to be impartial (equal treatment of rivals). Cases involving children sometimes can momentarily affect the courts ability to be neutral because these are issues that strike a chord. A wise man should keep that in mind when responding to questions in court. Speak up, make eye contact and be clear about your intentions for your child. Body language and attitude says a lot too. If you cannot pay what has been demanded then offer something not nothing.
For those who do not have custody of the child you are entitled to reasonable access and visitation rights on alternate weekends, school holidays and public holidays. Reasonable her means you make arrangements with the other parent well on time; not to call them at midnight demanding to see your child.
At the same time, it would not be fair to expect one parent to pay maintenance and yet fail to grant them access and visitation rights. If that happens then the parent without custody can apply for custody and the roles will be reversed.
That being said, share for the benefit of your siblings, friends and loved ones who need to understand this.On the eve of Father’s Day. We wish you a fulfilling one!
