Although women file most cases in practice involving spousal maintenance, both men and women are equally entitled to file for maintenance awards.
Spouses don’t automatically have a statutory right to receive spousal maintenance after a divorce. Only the court has discretionary power to approve spousal maintenance if deemed necessary. The law favors that parties must become financially independent of each other as soon as possible.
Duty Of Support
Each spouse is indebted to provide a reciprocal obligation of support to each other during the marriage. This includes medical services, accommodation, food, clothing and other provisions which are balanced by the couple’s means of income as well as the cost of living. This responsibility is the duty of both spouses; however, if one of the parties do not have the means to provide financially for him or herself, it is the other party’s obligation to provide support.
When a marriage ends, the reciprocal duty of support is terminated whether through divorce or death. However, the Divorce Act 70 of 1979 does make provision for court orders that relates to maintenance. In the case of death or divorce, it is recommended to contact a law firm central coast to assist you when you’re seeking spousal maintenance.
Maintenance Pending A Divorce Settlement
Interim relief can be provided if one of the spouses is a homemaker with no financial income and the divorce is taking too long to be concluded. This means the law implements an interim measure to provide support to the spouse until the divorce is finalized.
How To File An Application For A Maintenance Order In Maintenance Court For Children
Maintenance courts, also referred to as family courts specialize in dealing with maintenance granted for family law-related matters. Each court has a maintenance office who has expertise in dealing with maintenance disputes. The services relating to maintenance are at no charge. The State compensates for everything to ensure that the parties who are in need of maintenance are given the necessary support which is due to them. In case of a legal firm being used, the spouse will have to pay for the attorney’s services. However, the procedures that need to be followed are relatively easy and uncomplicated to follow.
Collection Of Information
The spouse who is filing for maintenance must compile a list of all the monthly expenses as well as providing proof of income and expenses including:
- Medical bills
- Receipts for school uniforms, books, and school fees.
- Slips for clothing and monthly groceries.
- Proof of traveling and transport expenses such as fuel etc.
If The Spouse Is Employed, They Need To Provide:
- A copy of their most recent payslip.
- ID document
- Birth certificates of the children
- If the children are attending school, a letter from the school must be given with confirmation that the child is attending school.
- If the spouse is divorced, a copy of the divorce order must be given and any information relevant to the respondent such as ID document, home/postal/work address and if possible, a recent photograph.