Linekela Halwoodi
A father has just as much right to apply for child maintenance, also known as child support, from the mother, provided that he is the parent residing with the child.
However, the Ministry of Justice (MoJ) has said that it is not common for fathers to apply for child maintenance. In 2020 in Swakopmund, only five fathers claimed child support from mothers.
“The complainant should be the person who is residing with the child, regardless of whether it is the mother or the father,” ministry spokesperson Simon Idipo said. In Swakopmund, it is reported that less than 10% of child maintenance payers defaulted on their payments to their children between January 2020 and 1 April 2021.
The MoJ also said in about 2% of the cases in which women are claiming for child support annually, the accused fathers have contested due to an uncertainty of paternity.
In January 2020, the Swakopmund Magistrate’s Court saw the opening of 219 new child maintenance cases, while 180 cases returned to court for maintenance reduction, court order suspensions, as well as maintenance increases.
In 2021, at least 88 new cases were opened, and 72 returned to court.
Speaking to New Era, a Swakopmund father of two girls who asked to remain anonymous said fathers should be proactive in taking care of their children, although the justice system should consider the resources of fathers who are low-income-earners.
“I support them (daughters) financially, and by being there for them and helping them with their homework and so forth. I don’t stay with my children, but I do visit whenever I have time.
“Men should be ordered to pay child support if they do not take care of their children voluntarily. I also believe that child maintenance should be on a monthly basis, not just occasionally, although it also depends on the man’s situation because sometimes as parents, you can be financially unstable, or not have any job. So, it will be very difficult to either support the children daily, weekly or even monthly. I think each one can support, depending on what they can give,” he said.
The man continued that fathers should not wait to be forced by the law to pay for care for their children.
“I believe when you are doing your duties as a parent, as in being there for them, it will not be necessary to pay child maintenance. I think child maintenance should be for parents who are voluntarily neglecting to support their children, or perhaps those who have run away from their responsibilities as a parent,” he said.
This father also pointed a finger at mothers to support their children,
provided that the latter live with the father.
“If we as parents do not live together and the children live with me as the father, I believe the mother should support the children. Especially since women are regarded as being important for the basic foundation of children, they really need to step in and stand up for their children,” he stressed.
Parents who have been ordered by the courts to pay child support should not change the bond between them and their children, he said, adding, “actually, supporting your child doesn’t change anything between you two, but what could affect your relationship with your child is being away from them and not spending time with them as they won’t learn to love you or be close to you. Financial support or not doesn’t change the situation. I can be unemployed, but still be there for my children by playing with them, and that’s precious.”
He also called for leniency towards fathers who have more children and few resources.
“As much as we want to pay or should pay child support, one must also think of the financial situation of men. It’s obvious. If I earn N$5 000 and I have five children, and another earns a similar amount as well but has one child, I will probably give my children N$300 each month, while he with one child might give N$1 000 each month. As long as one pays for and supports his children and can maintain them, it is okay. As long as he is doing his duties as a parent; unlike someone who gives nothing. In the end, what counts most is the support those children are receiving,” he reasoned.
He currently does not pay for child maintenance as he is a proactive father who supports his girls voluntarily.
“I don’t think there is an end to supporting your children, unless you are no more, or the children are fully grown up and can stand on their own feet and are financially independent. Then, perhaps one can stop, but there is no end in physically being there for them”.
According to the Maintenance Act No.9 of 2003, a child will be entitled to maintenance until they become self-supporting. This is usually at the age of 18, unless a court order says otherwise.