In order to claim maintenance, you must determine the reasonable needs of the child on a monthly basis. Thereafter, the payment of maintenance for the minor child will become a court order.

The simple answer to this question is no parent can evade the payment of maintenance. The only defense to a failure to make payment of maintenance is due to a lack of means. A parent also cannot evade the duty of support by leaving his employment or not fulfilling his earning potential.

A person who fails to make a payment in accordance with a maintenance order is guilty of a criminal offence and liable on conviction to a fine or imprisonment. A parent should, however, note that laying criminal charges will not necessarily result in payment.

A court may impose the following sanctions for the failure to pay maintenance:

• A fine;
• Imprisonment, for a period not exceeding one year;
• A suspended sentence;
• Correctional supervision.

Contact our office today if you require assistance in the enforcement of your maintenance order or a reduction of same.