Maintenance is the obligation to provide another person, for example a minor, with housing, food, clothing, education, and medical care, or with the means that are necessary for providing the person with these essentials.
Who should pay maintenance?
It is a legal obligation of both the biological parents, grandparents, or legal guardian of the child to pay maintenance.
Who can apply for maintenance?
The parent/person who is in custody of the children may claim maintenance from the other parent who is responsible or liable to pay maintenance. Or in an instance where one spouse would like to apply for support from the other where applicable.
Maintenance can be claimed from the biological grandparent if the parents cannot pay.
Documents needed to lodge a maintenance claim?
The identity document, birth certificate of the child, bank statements of both the parents, list of the expenses of the child, list of expenses of both the parents, proof of applicant’s income and expenditure, name and surname of parent/person responsible for the payment of maintenance money, physical/work address of the parent/person responsible for the payment of maintenance money, if available, copy of bank statement, proof of residence/affidavit.
The maintenance clerk will then assist you in completing the forms. The maintenance clerk will refer your application to the maintenance officer for a final assessment of your documents. After assessment, the registration of application and reference number will be issued.
Issuing a directive
The maintenance officer will issue a directive calling upon the parties to meet for the purposes of conducting an investigation into the alleged complaint. The maintenance officer will then conduct an investigation into the alleged complaint or conduct mediation with both parties present.
Mediation and granting of an order by consent
The maintenance officer will conduct mediation with both parties to reach an agreement/settlement. Where the parties reach an agreement/settlement, the agreement will be made an order of the court. The maintenance officer may request both parties to sign a written consent and have that made an order of the court. The court then makes an order for payment of maintenance in accordance with the agreement between the two parties. Where parties do not reach an agreement, the matter is then referred to court for formal inquiry.
Court date
On the day of the court appearance, an inquiry will be held to determine the needs of the applicant and the means available to provide maintenance from both parties. After consideration, the magistrate will make a maintenance order indicating the amount to be paid.
Payment method
The court may order the respondent to make payments by means of:
An electronic funds transfer to the beneficiary's bank account.
A deduction of the maintenance money from the respondents’ salary (garnishee order).
Direct deposit to the beneficiary's bank account.
Can I claim maintenance from grandparents?
Yes, maintenance can be claimed from the biological grandparent if the parents cannot pay maintenance.
Is maintenance a responsibility of biological parents only?
No, any person who is responsible for raising the child, ie, legal guardian, adoptive parents, and grandparents of the child, if the biological parents do not have means to pay maintenance.
Why must you pay maintenance?
You must pay maintenance for proper living and upbringing of the child, which includes the provision of food, clothing, accommodation, medical care, and education.
Is it compulsory to pay maintenance?
Yes, it is compulsory to pay maintenance.
Where are you supposed to lodge a complaint for maintenance?
In any local magistrate court where the applicant and/or the child resides.
Can I go to any magistrate court in the country to lodge maintenance?
Yes, you can go to any local magistrate court where you and/or the child reside.
How often should maintenance be paid?The maintenance money should be paid every month on the dates agreed upon by both parties and granted by the court.
How much money should be paid for maintenance?
The amount payable for maintenance will be determined by the needs of the child and the financial means of the parents.
At what age should you stop paying maintenance?
The maintenance should be paid until the child is self-supporting.
What happens when the person responsible for paying child maintenance dies?
The maintenance money should be paid out from the deceased estate for future maintenance.
What happens if the child reaches the age of 18 and she/he is still not self-supporting?
The payment of maintenance will continue until the child is self-supporting. However, the maintenance payment should be deposited directly to the child’s banking account.
Can I increase/decrease the maintenance amount after the order has been granted?
Yes, you can request a decrease/increase of the amounts, especially if the financial circumstances have changed.
What documents do I need to lodge a maintenance claim?
The identity document, birth certificate of the child, bank statements of both the parents, list of the expenses of the child, list of expenses of both the parents, etc.
Can I claim maintenance while living together with the father/mother of the child?
Yes, you can claim maintenance if the other parent does not take responsibility for maintaining the child.
Procedure in cases where a respondent does not pay
If the respondent fails to pay within the specified times, you should report the matter to the maintenance offices. The court will follow one of the following two options: Civil enforcement of maintenance, through the magistrate, may order emolument attachment, attachment of debt, and/or execution of movable/immovable property.
Criminal prosecution
A warrant of arrest can be issued if the respondent failed to comply with an order of court.
Source: The Department of Justice and Constitutional Development, South Africa
