Maintenance: Understanding Your Options

Raising a child costs money, and when the other parent is not helping, it can feel both unfair and exhausting. If you are the one being asked to pay, you may worry about how much and whether you can afford it. Either way, you are not alone. Maintenance is one of the most common reasons South Africans go to court.

What is happening

Both parents have a legal duty to support their children, whether they were married or not, and whether or not they live with the child. This is set out in the Maintenance Act 99 of 1998 and the Children's Act. The duty is shared according to each parent's means. It usually covers food, housing, clothing, school costs, medical care and other reasonable needs. It does not stop automatically at 18. It can continue while the child is still studying or not yet able to support themselves.

You do not need an attorney to apply for maintenance. You go to the maintenance court, which sits at your local magistrate's court, and complete an application form. There is no court fee. A maintenance officer investigates, may call both parents in, and tries to help you agree. If you cannot agree, a magistrate decides after looking at the child's needs and both parents' income and expenses. Where you do agree, the agreement can be made an order of court.

If a parent does not pay under an order, you can go back to the maintenance court. Options include an order that the employer deducts maintenance directly from the salary (an emoluments attachment order), attaching money owed to that parent, or a warrant to attach and sell property. Not paying maintenance is also a criminal offence. If circumstances change, either parent can ask the court to change the amount.

Signs to notice

• The other parent pays late, pays less, or has stopped paying
• There is only an informal promise to pay, with nothing in writing
• You have lost your job or your income has dropped and you cannot keep up
• The child's needs have grown, such as school fees or medical costs
• You are being asked for money with no clear idea of what is fair
• Family pressure is keeping you from going to court

30-second self-check

Answer yes or no to each question.

• Is there no court order for maintenance at the moment?
• Is the current amount not enough for the child's real needs?
• Has payment been missed in the last three months?
• Do you know where the other parent works or lives?
• Do you have a list of the child's monthly expenses?
• Has your own income changed a lot since the last order?

0-1 yes: Things seem stable. Keep records of payments and expenses in case anything changes.
2-3 yes: It is worth preparing. Start collecting documents and visit the maintenance court for information.
4 or more yes: You probably have good reason to apply for, enforce or change an order. Visit the maintenance court or get legal help soon.

What you can do next

• Today: Start a simple record of every payment received or made, with dates and amounts.
• This week: Write down the child's monthly costs: food, school, transport, clothes, medical, a share of rent and electricity. Keep slips where you can.
• This month: Take your ID, the child's birth certificate, proof of expenses, proof of income and any existing order to the maintenance court at your magistrate's court.
• If you are paying and cannot afford the current amount, apply to change it. Do not simply stop paying, as arrears build up and you can be prosecuted.
• If you have the other parent's employer details, bring them. This helps with direct deductions.
• Keep the child out of money arguments.

Your tool

Maintenance Preparation Checklist - lists the documents and expense details to gather, helps you total the child's monthly needs, and prepares you for your first visit to the maintenance court.

When to get professional help

The maintenance court is designed for people without lawyers, but get legal help if the other parent is self-employed and hiding income, if there are large sums or assets involved, or if you are also dealing with divorce or care and contact disputes. A social worker can help if the situation is affecting the child's wellbeing.

Who can help: Legal Aid SA, family law attorney, maintenance officer at your magistrate's court, accredited mediator, social worker, money coach

Getting help in South Africa

Maintenance courts are at magistrate's courts across the country, and the Department of Justice (justice.gov.za) has information on the process. Legal Aid SA (legal-aid.co.za) can assist qualifying people. Community advice offices and university law clinics often help people complete forms. If you are caring for a child on a low income, check whether you qualify for the Child Support Grant through SASSA (sassa.gov.za). This is separate from maintenance and does not replace it.