Child Maintenance

Claiming, increasing and enforcing child maintenance so that your children receive the support they are entitled to.

Both parents have a legal duty to support their children, whether or not they were ever married and whoever the children live with. When a parent does not contribute fairly, or stops paying, the Maintenance Act provides practical tools to secure and enforce support.

What maintenance covers

  • Day-to-day needs: food, clothing, housing and transport.
  • Education: school fees, uniforms, books, extra lessons and, where appropriate, tertiary studies.
  • Medical care: medical aid contributions and costs not covered by medical aid.
  • Childcare and activities: aftercare, sport and other reasonable activities in line with the family’s standard of living.

How much is payable?

There is no fixed formula. Each parent contributes in proportion to their means, measured against the child’s reasonable needs and the family’s standard of living. Full financial disclosure by both parents is essential.

Until when?

The duty of support does not end automatically at 18. It continues until the child is able to support themselves, which often includes the years of tertiary study.

Common situations

We help parents who are:

  • Applying for maintenance for the first time.
  • Seeking an increase as a child’s needs grow.
  • Defending an unreasonable claim or seeking a reduction after a change in income.
  • Dealing with a parent who has stopped paying or is in arrears.
  • Concerned that the other parent is hiding income or assets.
  • Negotiating maintenance as part of a divorce or parenting plan.

How the process works

From application to enforceable order.

  1. Application
    A maintenance complaint is lodged at the Maintenance Court in the district where the child lives. It is free to apply.
  2. Investigation
    A maintenance officer investigates, may subpoena the other parent and can call for payslips, bank statements and other financial records.
  3. Agreement or inquiry
    Many matters settle by agreement, which is made an order of court. If not, the court holds an inquiry and decides the amount.
  4. Enforcement
    If payments are missed, the court can order attachment of salary, attachment of debts or a warrant of execution against property.
  5. Variation
    Either parent can apply to increase or reduce maintenance when circumstances change.

Many parents also deal with maintenance in a settlement agreement or parenting plan. We draft these so that they are clear, realistic and enforceable.

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What to prepare

Helpful documents for your matter.

  • A monthly budget of the child’s expenses, with proof.
  • Your last three months’ payslips and bank statements.
  • Any existing court order or agreement.
  • A record of payments received or missed.
  • Details of the other parent’s employer, assets or lifestyle.

Common Questions

Yes. Failing to comply with a maintenance order is a criminal offence under the Maintenance Act. Defaulters can be fined or imprisoned, and the court can also make a civil order to recover the arrears.
Yes. The Maintenance Act allows the court to order that a person who defaults on maintenance be reported to credit bureaus, which can affect their ability to obtain credit.
Not necessarily, but legal advice helps where incomes are complex, a parent is self-employed or hiding assets, or significant amounts are at stake.
Yes. The duty of support continues while the child is not yet self-supporting, for example while studying. Maintenance for an adult child may be claimed by the child or, in some circumstances, by the parent.
South Africa has reciprocal arrangements with a number of countries for the enforcement of maintenance orders. We advise on the options in cross-border matters.

NEED HELP WITH CHILD MAINTENANCE?

We help parents secure fair maintenance, enforce orders and resolve disputes without unnecessary conflict.

Read more: Child maintenance: how much, until when and enforcement · Getting divorced in South Africa

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This page is general information and not legal advice.

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