Child & spousal maintenance services

Securing fair and appropriate financial support is one of the most critical components of any separation or divorce. Our dedicated Family Law team provides comprehensive, compassionate, and strategic legal services to help you establish, modify, or enforce child and spousal maintenance (alimony) obligations. We prioritize achieving solutions that ensure financial stability for you and, most importantly, protect the best interests of your children.

Child maintenance / child support

The financial support of a child is the joint legal responsibility of both parents, regardless of marital status. Our goal is to ensure the amount of maintenance accurately reflects the child’s needs and the respective financial capacity of each parent.

Key services for child maintenance:

• Establishment of New Orders: Guiding you through the legal process to calculate and establish a new maintenance order, either through negotiation, mediation, or the Maintenance Court.
• Needs Assessment and Calculation: Meticulously determining the child’s reasonable needs, including:
  • Essential daily needs (food, clothing, housing, utilities).
  • Educational expenses (fees, uniforms, extracurricular activities).
  • Healthcare requirements (medical aid, doctor’s visits, medication).
  • Other necessary costs (transportation, caregiving, etc.).
• Variation of Existing Orders: Assisting with applications to increase or decrease the maintenance amount when there has been a significant change in circumstances (e.g., a substantial change in income, or the child’s needs have evolved).
• Enforcement of Arrears: Taking decisive legal action (such as obtaining a warrant of execution, a garnishee order, or an attachment of debt) to enforce payment when the obligated parent fails to comply with a court order.

Spousal maintenance / alimony

Spousal maintenance addresses the financial support of one former spouse by the other after a divorce. While the law generally favors the “clean break” principle, spousal support may be necessary to prevent undue financial hardship.

Key services for spousal maintenance:

• Interim Maintenance (Rule 43/Interim Relief): Applying for temporary financial support and contribution toward legal costs during the pending divorce proceedings to prevent immediate financial distress.
• Negotiation and Court Application: Strategically assessing the need for maintenance based on statutory factors, including:
  • The duration of the marriage.
  • The age and health of the spouses.
  • The current and future financial means and earning capacity of each spouse.
  • The standard of living during the marriage.
• Types of Maintenance: Advising on and negotiating for the appropriate type of maintenance:
  • Rehabilitative Maintenance: Short-term support intended to allow the dependent spouse to acquire skills or qualifications to become financially independent.
  • Permanent Maintenance: Ongoing support awarded in rare cases, typically after long marriages where a spouse is unlikely to become self-supporting due to age or health.
• Modification and Termination: Handling applications to adjust or terminate an existing spousal maintenance order due to a material change in circumstances (e.g., remarriage, significant change in earning ability).

We provide you with clear legal advice, skilled negotiation, and vigorous court representation to secure your financial future and the well-being of your family.

Would you like to schedule a confidential consultation to discuss your specific maintenance matter?