Maintenance: what you need to know

Maintenance is money and support for a child's daily needs, such as food, clothing, a place to live, medical care and education. It is one of the most common reasons parents end up in court, and one of the most misunderstood.

Whether you have been asked to pay, you want to claim maintenance for a child in your care, or your circumstances have changed, this guide explains how the system works.

Both parents must support the child

Under the Maintenance Act 99 of 1998, both parents have a duty to support their child. This applies whether you were married or not, and whether or not you live with the child.

• Each parent contributes according to their means. There is no fixed percentage or formula.
• The amount depends on what the child reasonably needs and what each parent can afford.
• The duty doesn't automatically end when a child turns 18. It continues until the child can support themselves, which may take longer if they are still studying.
• Fathers can claim maintenance too. If your child lives with you, you can apply for the mother to contribute.

How a maintenance claim works

Maintenance claims are handled by the Maintenance Court, which sits at the Magistrate's Court. You don't need a lawyer.

1. Go to the Maintenance Court. You usually apply at the court in the area where the child lives. Ask for the maintenance officer or the maintenance clerk.
2. Complete the application. You will need your ID, the child's birth certificate, and proof of the child's expenses and your own income.
3. Let the maintenance officer investigate. The other parent will be called to court. The maintenance officer can gather information about each parent's income and expenses.
4. Try to reach an agreement. Many cases are settled when both parents agree on an amount. The agreement can then be made a court order.
5. Attend the inquiry if you can't agree. A magistrate will hear both sides, look at the evidence and decide what each parent must pay.

The court can order payment in different ways, including directly from a salary. Always pay in the way the order says, and keep proof of every payment.

If you are asked to pay

Being called to the Maintenance Court can feel like an attack, but it is a normal legal process. How you respond matters.

• Don't ignore the notice. If you don't attend, the court can make an order without hearing your side.
• Bring proof of your finances. Take payslips, bank statements, and proof of your expenses, debts and any other children you support.
• Be honest. Hiding income or giving false information can get you into serious trouble with the court.
• Raise doubts about paternity early. If you are not sure you are the child's father, say so at the start. Paternity can be tested, and the court can deal with the question.
• Get advice if you need it. Call the Legal Aid South Africa Advice Line on 0800 110 110, or read Finding legal help you can afford.

Things you buy for your child, such as clothes or toys, may not count towards the amount in your order unless the order says so. Keep receipts anyway.

If your income changes

Life changes. You might lose your job, earn less, fall ill or have another child to support. If this happens:

1. Never simply stop paying. The order stays in force until the court changes it. Every missed payment becomes arrears, which you will still owe.
2. Apply to vary the order. Go back to the Maintenance Court and apply to have the order changed. Bring proof of what has changed, such as a retrenchment letter, a new payslip or medical records.
3. Keep paying what you can. While you wait, pay as much as you are able to and keep proof. This shows good faith.
4. Get any agreement made formal. If you and the other parent agree on a new amount, ask the court to make it an order. An informal agreement may not protect you later.

The same applies the other way. If the child's needs grow or the other parent earns more, either parent can ask the court to change the order.

If maintenance is not paid

Not paying maintenance under a court order is a crime. If you are owed maintenance, you can go back to the Maintenance Court. Depending on the case, the court can take steps such as ordering money to be deducted from the other parent's salary, attaching their property or money owed to them, or starting a criminal case.

Myths and facts

Getting support

Money worries and family conflict can weigh heavily. You don't have to carry them alone.

• Legal Aid South Africa Advice Line: 0800 110 110.
• Lifeline South Africa: 0861 322 322, 24 hours a day.
• SADAG Suicide Crisis Helpline: 0800 567 567, 24 hours a day.
• GBV Command Centre: 0800 428 428, for all genders, 24 hours a day, if money is being used to control or abuse you. Read Coercive control and financial abuse.

You can contact our support team at /contact?topic=support, and find more helplines at /resources. Read Co-parenting after separation for help working with the other parent.