Lifestyle Choices

After a divorce both parents must still maintain all the children born from the marriage in proportion to their respective means. It’s the job of the court granting the divorce to ensure that suitable arrangements are made for the children’s maintenance.

If custody is awarded to the mother, the court usually orders the father to pay her a certain amount weekly or monthly for maintenance of the children. The court then orders the mother to use this money for the maintenance — so no manicures or facials!

In most cases the divorce settlement and/or the court order will state what amount of maintenance needs to be paid for the minor children. Some divorce settlements include an escalation clause that means the maintenance will automatically rise at a fixed percentage each year.

If the parent who receives maintenance for a child isn’t satisfied with the amount received, and finds that the child’s needs outstrip it, he or she can approach the Maintenance Court for assistance. This parent needs to lodge a complaint with the maintenance officer, who will help with the forms that need to be completed.

It’s very important to keep a monthly income and expenditure record and to keep all receipts as proof of purchases. This will enable you to prove, on a balance of probabilities, what the needs of the child are.

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