Maintenance and family law basics

Sorting out maintenance for a child can be emotionally draining as well as legally complex. Knowing the basics can help you approach it with more clarity and less fear.

What it is

Maintenance is the legal obligation both parents have to financially support their children, regardless of whether they are married, divorced, or were never in a relationship. South Africa has a dedicated Maintenance Court system designed to be accessible without needing a private attorney, though many people choose to get legal advice alongside it.

Signs to notice

You may need to engage with the maintenance system if:

• The other parent is not contributing financially to your child's needs, or contributions have stopped.
• You and the other parent cannot agree on an amount or how costs should be shared.
• An existing maintenance order isn't being followed.
• Your circumstances have changed significantly (job loss, new baby, illness) and an existing order needs review.

What helps

• Know that maintenance applications are free to open at your local Maintenance Court and don't require a lawyer, though legal advice can be valuable for complex cases.
• Gather documentation - proof of your child's expenses (school, medical, food, clothing) and your own and, where possible, the other parent's income - before your first appointment.
• Understand that maintenance covers real needs, not lifestyle wants, and is assessed based on both parents' means and the child's reasonable needs.
• Know what happens if an order is ignored. Non-payment of a maintenance order can lead to legal consequences, including garnishee orders against salary or, in serious cases, criminal proceedings.
• Keep the process as calm as possible for your child. Try not to involve children directly in maintenance conflict, even when it's difficult.
• Look after yourself through the process. Maintenance disputes can be emotionally charged, especially where there's a history of conflict or hurt with the other parent.
• Consider mediation where relationships allow it, as it can be faster and less adversarial than court processes.

When to reach out for help

Seek legal advice for complex situations, such as disputes over paternity, cross-border maintenance, or a parent refusing to comply with a court order. Seek emotional support if navigating maintenance issues is bringing up significant stress, anger, or grief.

Getting help in South Africa

You can open a maintenance application at your local Maintenance Court free of charge. Legal Aid South Africa offers free or subsidised legal assistance for qualifying individuals. Cleared Mind's EAP counsellors can support you emotionally through family law matters, and some plans include legal guidance - it's worth checking your plan's benefits.