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Maintenance Act, 1998 (Act No. 99 of 1998)

Chapter 4 : Maintenance and other Orders

15. Duty of parents to support their children

 

(1) Without derogating from the law relating to the liability of persons to support children who are unable to support themselves, a maintenance order for the maintenance of a child is directed at the enforcement of the common law duty of the child's parents to support that child, as the duty in question exists at the time of the issue of the maintenance order and is expected to continue.

 

(2) The duty extends to such support as a child reasonably requires for his or her proper living and upbringing, and includes the provision of food, clothing, accommodation, medical care and education.

 

(3)
(a) Without derogating from the law relating to the support of children, the maintenance court shall, in determining the amount to be paid as maintenance in respect of a child, take into consideration—
(i) that the duty of supporting a child is an obligation which the parents have incurred jointly;
(ii) that the parents' respective shares of such obligation are apportioned between them according to their respective means; and
(iii) that the duty exists, irrespective of whether a child is born in or out of wedlock or is born of a first or subsequent marriage.
(b) Any amount so determined shall be such amount as the maintenance court may consider fair in all the circumstances of the case.

 

(4) As from the commencement of this Act, no provision of any law to the effect that any obligation incurred by a parent in respect of a child of a first marriage shall have priority over any obligation incurred by that parent in respect of any other child shall be of any force and effect.