Chapter 8
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The duty to support children

Both parents have a legal duty to support their children. Where children are not given reasonable care, then the court may remove the child from the parent’s care in terms of childcare provisions.

The duty of parents to support their children ends when the children become independent, for example when they marry, or when they become self-supporting.

If the children are not living with the mother or the father, the person who is looking after them can apply for maintenance from the parents. For example, if a child is living with the grandparents, the grandparents can apply to get maintenance from the father and the mother of the child. (See Problem 4: Getting maintenance through the Maintenance Court)

STATE CHILD SUPPORT GRANTS

Apply to the Department of Social Development (the SASSA offices) for these grants. The parents will have to go through a means test to qualify for Child Support or Care Dependency Grants.

  • Child Support Grant: Any parent or whoever is looking after a child can apply for financial help, if you cannot afford to support the child. You can apply for this grant for any child who is 0-17 years old.
  • Foster Care Grant: This is for children who are placed in the care of foster parents by the Children’s Court, because they are considered to be children at risk. The foster parent is not the biological parent of the child.
  • Care Dependency Grant: You can apply for this if you support a child who is severely disabled and needs special care. (See Child Support Grant) (See Foster Care Grant) (See Care Dependency Grant)