FAQs - Child Support

You can best prepare by firstly, hiring a lawyer. It might also be beneficial to work out an arrangement with your former spouse/partner beforehand to present to the court. This can have the effect of reducing the time that you will need to spend in court as well as the cost.

No, custodial parents (or parents with primary physical residency of the child) have no right to deny or limit the rights of an access parent.

If you haven’t done so already then you may take your former spouse/partner to court and get an order requiring him or her to pay support. Once the order is made it is filed with the FRO who then has the power to enforce it using various enforcement mechanisms.

Child support is not taxable. This means that the parent receiving the support does not have to include the amount in his or her income and the parent paying support cannot deduct it from his or her income.

Usually you are required to make payments for child support only until the child reaches the age of majority, i.e. 18 years of age. Depending on the Act under which you bring your claim this period may be extended.

Yes. You may bring an application to vary an existing order when this occurs. Normally, support payments are increased to match the increase in the paying parent’s income because as was previously mentioned children are entitled to be supported by both of their parents and they also have a legal right to benefit from the financial means of their parents.

If you decide not to make your support payments then the FRO may take action and begin enforcing the order by using one (or more) enforcement mechanisms.

If your child is still a dependent and your former spouse/partner has primary physical residence of the child then you will have to pay child support. However, if the time is shared (i.e. if your child spends at least 40% of his or her time with you), then the amount of child support that you need to pay may be lowered.