How much is child support in south africa

Average Monthly Child Support Payment

What is the average monthly child support payment in South Africa? And how do you claim support payments? The amount to pay for child maintenance each month is entirely dependent on the income of both parents. Along with a number of other factors. We explore this in a bit more detail below.

How do they Calculate Child Maintenance in South Africa?

There are a number of factors to calculate how much money to pay in terms of maintenance in South Africa. Some of these factors include:

1. The standard that the child or children was accustomed to whilst their parents were married or lived together
2. The earning capacity of the parents
3. The assets of the parents

The first factor is important as many parents neglect to pay for their child support payments. Therefore their children have to suffer as a result of it.

It is also important to note that if you were never married, your partner is still obliged to make maintenance payments.

This however does not seem to be the case with many South African men. As they neglect to make their payments to support their children.

So let me help you work out how much you can expect to pay or can expect from your former partner.

Average Monthly Child Support – Example 1

Say for example you are the proud parent of a 4 year old and both parents earn approximately R5000 a month each. You could estimate that in order to maintain the child each month, they each contribute a total of lets say R1600. Which pays for the child’s food, shelter, clothing, and pre-schooling.

Should for any reason the parents split up and the mother want to claim maintenance, then she could claim up to approximately R1200.

This is because the mother would have to find alternative accommodation and schooling etc. Therefore the portion that she would require to maintain the lifestyle of the child would need to be larger.

Average Monthly Child Support in South Africa – Example 2

If the parents of the same four year old child earn R100,000 a month each. The child has an aupair, own room, expensive schooling and clothing, medical aid. And a lot of other expenses which amount to approximately R25000 a month.

Then the same mother would be able to claim approximately R15 000 a month from the father.

This situation however will be even more complicated if the mother for example has assets to her name that are in the millions. And the father owns only a car worth R100000.

Then the father’s maintenance contribution would amount to much less than the mothers.

This may also interest you: When does Child Maintenance Stop in South Africa?

Claiming Monthly Maintenance in South Africa

It is important to note that the information in this article is purely an explanation. Therefore if you are in the process of getting a divorce. Or want to claim maintenance from a former partner for your child or children. Then the best advice I can give you is to consult with a lawyer.

There are lawyers that specialize in maintenance law. Therefore they would be the best person to seek advice from.

However if you just want to get a feel of what the average monthly child support payment is, there’s one main important thing that you should think about. That is the child or children’s welfare and what is in their best interest.

Once both parties have agreed upon this fact, it should make the maintenance process more simple and hopefully a lot less stressful.

This may interest you: https://www.gov.za/documents/maintenance-act

In Conclusion

As you can see, there are a number of factors that you need to consider. And if you are not able to come to an agreement with your former partner in terms of how much is expected from both of you, then you will have to seek the advise of a lawyer.

If no monthly maintenance payment agreement can be made, then you will have to go to maintenance court. So they will decide upon the amounts that each parent has to contribute.

How to calculate child maintenance

In order to claim for maintenance, you must first determine the reasonable needs of the child on a monthly basis. There is no hard and fast rule, but generally the child’s share of the common expenses in the household is determined by allocating one-part per child and two-parts per adult or older child. 

The following table may be used as an example of how to calculate these expenses properly where there is a parent and 3 children in the household. In this example, each child will be allocated  20 per cent of the total expense shared by all members of the household.

Only once the child’s reasonable monthly needs have been determined will one be able to establish the contribution that each parent is required to make to meet those needs. 

The formula applied in practice to determine this contribution is as follows:

(parent’s gross income)                                                         (child’s needs)
_____________________________                                        _____________

(total gross income of both parents)               X                                 1

= R00. 00 (parent’s contribution)

Maintenance cannot be measured in monetary terms alone. Usually, the parent who cares for the child on a daily basis indirectly contributes towards maintenance because of the time they spend together. Notwithstanding this, both parents still have a financial obligation to pay maintenance in accordance with their means, income and expenditures.

Maintenance may need to be adjusted regularly, depending on the changing needs of the child or the financial position of the parents. Once the need for a change in maintenance arises, whether filing a new application or seeking to vary an existing court order/settlement agreement, the applicant can request that the maintenance court:

• set aside an existing maintenance order;
• make a new maintenance order;
• decrease a current order;
• amend a current order; or
• change an existing order.

Either of the parents can apply to the Magistrate’s Court where the children reside for a variation of the current maintenance order, but only if circumstances change. Examples will be if the father for instance, loses his job or remarries; and, in the mother’s case, where a child may need special care (occupational therapy). It was decided in previous cases that where a father remarries and then has to support a "second" family, this financial obligation shouldn't impact negatively on his "first" family. A father may not raise a defence that the needs of his second wife is a reason to reduce maintenance in respect of the children of his first wife.

Download our maintenance calculator.

Entering the South African market: state support for exports

Requirements for documentation, certificates confirming the quality and safety of products imported into South Africa

The main laws governing foreign trade operations in South Africa include:

taxes (Customs and Excise Act, 1964), dedicated to the regulation of imports, exports, prohibition and restrictions on the import of goods, calculation and payment of customs duties, taxes and other fees, determination of the country of origin of goods, customs brokers and agents, and other similar issues. nine0005

2. Law on International Trade Administration (International Trade Administration Act, 2002), which provides for the regulation of anti-dumping investigations, determination of the presence of dumping, the normal value of goods, export prices.

3. The Value-Added Tax Act (1991) governs the payment of VAT on goods imported into the country.

4. The Consumer Protection Act (2008) defines the conditions for fair trade, establishes standards for consumer protection, information provision, fair trade practices and other issues related to trading activities in the country. nine0005

5. The Meat Safety Act (2000) regulates the safety and hygiene of meat products, defines standards for slaughterhouses, imports and exports of unprocessed meat.

6. The Banking Act (1990) is the fundamental act governing banking activities in the country, as well as foreign exchange transactions.

7. The Liquor Products Amendment Act, 1989 regulates the production, sale, import and export of certain types of alcoholic products (wine, fruit alcoholic drinks, alcoholic drinks, liqueurs), their composition. nine0005

8. Fertilizers, Farm Feeds, Agricultural Remedies, and Stock Remedies Act, 1947 regulates the registration of fertilizers, feed, veterinary drugs, sterilization laboratories, pest control operators , and defines the conditions for prohibiting or restricting the import, sale, purchase, disposal and use of fertilizers, feed and veterinary medicines.

9. Tobacco Products Control Act, 1993) establishes maximum values ​​for the content of tar, nicotine and other substances in tobacco products.

Features of customs control when importing products into the territory of South Africa
South Africa, being a member of the SACU customs union, applies a common external tariff (Common External Tariff, CET), agreed and established by all members of this customs union on the basis of the most favored nation treatment. In some cases, it turns out that this tariff is not always beneficial for individual members of the union. nine0005

The South African tariff is based on the Harmonized Commodity Description and Coding System 2007. A total of 6695 commodity items are defined for 8 characters. The full current current South African Import Tariff can be downloaded from: http://www.sars.gov.za/AllDocs/LegalDoclib/SCEA1964/LAPD-LPrim-Tariff-2012-04%20-%20Schedule%20No%201%20Part% 201%20Chapters%201%20to%2099.pdf

Member countries of the union periodically review the policy of customs restrictions, adjusting it in accordance with their interests. nine0005

By agreement between the members of the union, the average import tariff rate was reduced from 11.4% in 2002 to 8.1% in 2009. At the same time, the main attention was paid to the transfer of protective measures to the sphere of trade in agricultural products. Thus, the average tariff level for this group of goods was fixed at 10.1% (in 2009), while in 2002 this figure was 9.6%. The average rate on non-agricultural goods was reduced from 11.6% (in 2002) to 7.8% (in 2009).

The tariff structure has also undergone changes towards simplification. Thus, the number of items for which “ad valorem” rates are set in 2009 was increased to 96. 8% from the existing 75% in 2002. The number of commodity items with a fixed import rate was reduced from 1774 (in 2002) to to 98 in 2009. The number of items with specific rates was also reduced from 195 (in 2002) to 109 in 2009.

Compound tariff rates apply to agricultural products, coal, textiles and footwear. Specific duties are mainly applied to 94 positions of agricultural products, coal, some positions of textile goods. These rates, set on an ad valorem basis, range from 0% to 60%. Combined duties are no longer set by member countries, but there are still a number of tariff lines for which rates are calculated using a formula.

The customs union has an obligation to set tariffs for all member countries of the union on the “ad valorem” principle. The setting of rates by member countries of the union according to other principles may lead to a discrepancy with their individual obligations under the WTO. nine0005

South Africa, in accordance with WTO obligations, has the authority to establish tariff quotas on imports of textiles, clothing and certain types of agricultural products (meat and dairy products, cereals, tea, coffee, tobacco, wine, cotton), although for agricultural products this type no tariffs were applied. Most of the quotas (70%) were determined on a historical basis, 20% were allocated to support small and medium-sized businesses and 10% - for companies participating in the Large-Scale Black Economic Engagement (BBB-EE) program. nine0005

Normal import tariff rates apply to imports from the Russian Federation, no quota restrictions for any product groups are established.

South Africa applies trade sanctions imposed by the UN Security Council, the African Union or the Southern African Development Community. Restrictions are also introduced in accordance with the international obligations of South Africa (for example, under the Convention on International Trade in Endangered Species of (Wild) Flora and Fauna).

South Africa, as a member of the WTO, actively uses national regulations to protect the internal market, based on the WTO Agreement on the Application of Article VI of the General Agreement on Tariffs and Trade 1994 (Agreement on the Implementation of Article VI of the General Agreement on Tariffs and Trade 1994).

In accordance with the International Trade Administration Act of 2002, in 2003 South Africa established a body - the International Trade Administration Commission (ITAC), whose responsibilities include conducting anti-dumping investigations, determination of the presence of dumping, the normal value of the goods, the export price. nine0005

In calendar year 2017, no anti-dumping investigations were initiated by the South African side. In May 2017, in order to protect national steel producers, an additional duty on the import of hot-rolled flat products was introduced in the amount of 12% for 3 years, with an annual decrease of 2%.

Investigation practices usually indicate the duration of procedures. Thus, according to the investigations, the average time taken for this work was 482 days (240 days for the preliminary investigation and 253 for the final decision). nine0005

Local legislation makes little distinction between local producers and importers. Importers and exporters doing business in South Africa must be registered with the South African Tax Service for tax purposes if the value of goods exceeds 20. 0 thousand rand (approximately 2.0 thousand US dollars). Registration, on average, takes one day, after which the applicant receives a customs code number. This number must be included in all customs declarations. However, it is possible, in case of urgent delivery (export / import) of goods, to use the general number issued by the customs service to registered traders. nine0005

All accompanying documents (bill of lading, commercial invoices, etc.) are submitted to the customs service along with the customs declaration at the port before delivery of the goods. The commercial invoice must contain all the necessary details that allow customs officials to determine the value of the goods for the calculation of customs duties.

Certificate and declaration of country of origin are required in case of preferential treatment or anti-dumping and countervailing duties. An import permit is also required for goods included in the list of products subject to this regulation. nine0005

Goods imported into South Africa are subject to customs duties and local taxes, including VAT, excise (on wine, beer, other alcoholic beverages, fuel, etc. ) and duties (certain types of agricultural products, environmental tax, etc.). P.). Since 2004, a tax (Environmental Levy for Plastic Bags) has been introduced in South Africa on plastic bags and bags, regardless of whether it is produced on the local market or imported, in 2018 it is 12 cents. A special fee is set for certain types of petroleum products, also regardless of whether they are produced on the local market or imported. So, for example, a fee of 3.37 rand per liter is set for gasoline [1]. nine0005

As of April 1, 2018, the value added tax (VAT) rate applied to most domestic and imported goods has been increased from 14% to 15%. Products intended for export, some basic food products (dark breads, cornmeal, chicken eggs, milk, fruits and vegetables), some products used in agriculture and farms (feed, seeds, fertilizers, pesticides, veterinary drugs), some types of fuel (paraffin, diesel fuel, gasoline), international transportation of goods and passengers are currently exempt from paying this tax, but this approach may be revised when planning the budget for subsequent years, where zero VAT rates may be abolished. nine0005

Value added tax does not apply to financial services, gift goods and services, certain types of educational, transport and housing services. Also, temporary import/export of goods is not subject to this tax.

VAT is charged on the basis of the “local market” for national goods and on the basis of customs FOB (FOB + non-refundable customs duties) + 10% - for imported goods.

Goods imported from the South African Customs Union (SACU) are not subject to customs duties and excises. Preferential treatment is granted to goods from SADC member countries and countries that have bilateral free trade agreements (EU, EFTA, Malawi, Mozambique, Zimbabwe). nine0005

Goods permitted to be temporarily imported into South Africa for the purpose of processing, repairing, refining or enriching, converting or producing goods for export are exempt from customs duties and excises. Goods temporarily imported and then re-exported back to the country from which they were imported are also not subject to payment of import duties.

Goods imported from a bonded bonded warehouse into the country are subject to import duties and taxes. Goods imported for processing in Special Industrial Zones (IDZ) are exempt from taxes and duties. Imported goods can also be brought in under tax refund conditions, provided that they are placed in the Customs Control Areas (CCA), combined with IDZ. nine0005

Certification process