There is no fixed minimum amount that a mother has to pay for child support in South Africa. The maintenance court calculates the order based on the child’s needs, the mother’s income, and what the mother can reasonably afford, and there is no statutory floor. A mother who is unemployed or earning only a basic income can be ordered to pay a symbolic amount, sometimes as low as R0, if that is genuinely what she can afford.
This page explains how the maintenance court treats a mother’s obligation, what she is expected to contribute, and the practical steps to set up an order that reflects her actual income. If you need help putting a working arrangement in place, our Sandton-based Family Law team can assist.
Why there is no fixed minimum
The Maintenance Act 99 of 1998 does not set a fixed minimum amount for child support. The Act directs the court to look at the child’s needs, the parent’s income, and the parent’s other obligations, and to set an order that is fair in light of those facts. There is no statutory floor based on a percentage of income.
This is a deliberate design choice. The Act recognises that the parents’ circumstances can be very different from one matter to the next, and that a fixed percentage would unfairly benefit or penalize one or both parents. The court has the discretion to set the order at the level it considers appropriate, including a symbolic R0 where the mother genuinely cannot pay.
How the court treats a mother’s obligation
Both parents are legally liable to pay child maintenance, regardless of gender. The court does not assume that the mother is automatically the primary caregiver simply because she is the mother. The court looks at the actual care arrangement, and where the mother has primary care, she is expected to meet the day-to-day costs of the child from her own resources, including any government grants or family support.
Where the mother has primary care and the father is the non-resident parent, the order usually requires the father to pay a monthly amount to the mother. The mother’s contribution is implicit in the day-to-day care she gives. Where the father has primary care, the mother is the one paying the monthly amount, and the court will order an amount based on her actual income.
What the court looks at for a mother
The court applies the same test to a mother as it does to a father. The relevant factors are listed below in the order they usually appear in practice.
- The mother’s income from employment, self-employment, or other sources.
- The mother’s other obligations, including any other children or dependents.
- The mother’s cost of living, including housing, transport, and food.
- The child’s needs, including school fees, medical aid, and extramural activities.
- The mother’s earning capacity, including whether she is able to work more than she currently does.
Typical amounts a mother might be ordered to pay
Because the order is calibrated to the actual facts, the amount can vary widely. The table below gives a rough sense of how the court typically approaches different income levels for a mother who is the non-resident parent. The figures are illustrative, not a fixed scale.
| Mother’s monthly income | Typical range of the order |
|---|---|
| Unemployed, no income | R0 to a small symbolic amount, often R100 |
| R3,000 to R6,000 | R500 to R1,500 per month |
| R6,000 to R12,000 | R1,500 to R3,500 per month |
| R12,000 to R25,000 | R3,500 to R7,000 per month |
| R25,000 and above | Calculated case by case, usually higher |
What happens when the mother cannot pay
Where the mother genuinely cannot pay, the court will reduce the order to what she can afford, sometimes to a nominal amount. The court will expect evidence of the change in circumstances, including proof of unemployment or a reduced income. The mother can apply for a variation to reduce the order.
A mother who continues to default on an order she cannot afford can face the same consequences as a father, including a warrant of arrest, a section 31 criminal charge, and a fine or imprisonment. The court treats the obligation the same way regardless of gender.
Common Mistakes to Avoid
These are the patterns that leave mothers in trouble after a maintenance order has been made.
- Assuming the order is fixed because the mother is the mother. The court applies the same test to both parents.
- Quitting a job to reduce the order. The court treats voluntary unemployment as a factor against you, and the arrears keep growing.
- Letting the order go stale. A material change in circumstances should trigger a variation application.
- Paying cash without a record. The court only counts what is paid through formal channels.
- Ignoring the warrant of arrest. The longer the matter is left, the harder it is to argue for release on warning.
Frequently Asked Questions
What is the minimum a mother has to pay for child support in South Africa?
There is no fixed minimum. The maintenance court calculates the order based on the child’s needs, the mother’s income, and the mother’s other obligations. A mother who is unemployed or earning only a basic income can be ordered to pay a symbolic amount, sometimes as low as R0, if that is genuinely what she can afford.
Can a mother be ordered to pay child support in South Africa?
Yes. Both parents are legally liable to pay child maintenance, regardless of gender. The court will order the non-resident parent to pay a monthly amount to the parent with primary care, regardless of whether the non-resident parent is the mother or the father.
What is the lowest amount of child support a mother can pay in South Africa?
There is no statutory minimum. The court will set the order at the amount the mother can reasonably afford, and a mother who is genuinely unable to pay can be ordered to pay a symbolic amount, sometimes as low as R0, if that is genuinely what she can afford.
Does a mother have to pay child support if she has primary care?
No. The parent with primary care is not usually ordered to pay a monthly amount to the other parent, since the day-to-day costs of the child are met from her own resources. The other parent is the one who pays the monthly amount.
Can a mother go to jail for not paying child support in South Africa?
Yes. Section 31(1) of the Maintenance Act makes any failure to pay in terms of a maintenance order a criminal offence. On conviction, the magistrate can impose a fine, a suspended sentence, or direct imprisonment of up to one year.
What happens if the mother loses her job?
The mother can apply to the maintenance court to vary the order, supported by proof of her change in circumstances. The court will recalculate the order based on what she can afford, and will restructure the arrears to be paid off over time.
Does a mother have to pay child support if she is the mother of a child born out of marriage?
Yes. The legal obligation to pay child maintenance is the same regardless of whether the parents were married or not. The mother of a child born out of marriage has the same legal obligation as the mother of a child born in marriage.
Get help with a maintenance order. If you need help with a maintenance order, whether as the mother claiming maintenance or the mother defending an order, Otrebski Attorneys’ Family Law team in Sandton can assist. As a 100% women-led firm with a 5-star Google rating, we focus on compassionate, practical legal solutions for families.
Disclaimer. This article provides general information about the minimum amount a mother has to pay for child support in South Africa. It is not legal advice and does not replace consultation with a qualified family attorney. The relevant law is set out in the Maintenance Act 99 of 1998 and the Children’s Act 38 of 2005, both of which may be amended. Confirm the current position with the Department of Justice and Constitutional Development or speak to a family attorney before relying on anything in this article.