Child Maintenance Meaning Explained for Parents and Guardians

Child maintenance is the financial support that a parent, guardian, or other legally responsible person is obliged to give a child to cover the child’s reasonable living, education, and healthcare needs. In South Africa, the obligation is set out in the Maintenance Act 99 of 1998 and the Children’s Act 38 of 2005, and it applies to married, unmarried, and divorced parents alike.

This page explains what child maintenance is, who is obliged to pay, who is entitled to receive it, what it covers, when it ends, and what to do when circumstances change. If you need help putting a working arrangement in place, our Sandton-based Family Law team can assist.

What child maintenance means in South Africa

Child maintenance is the legal obligation to provide financial support to a child. The obligation is set by the Children’s Act, which gives every child the right to be cared for and supported by the parents, and by the Maintenance Act, which gives the courts the power to enforce that obligation.

Maintenance is not split between the parents according to a fixed percentage. The court looks at the child’s needs, the income of each parent, and the standard of living the child would have enjoyed if the family had stayed together. The order is calibrated to the facts, not the formula.

Who is obliged to pay

The legal obligation to pay child maintenance falls on the parents of the child, regardless of whether the parents are married, in a civil partnership, or unmarried. The obligation also extends to:

• A parent’s estate, where the parent has died.
• A grandparent, where the grandparent has acted in loco parentis to the child.
• A step-parent, where the step-parent has formally adopted the child or has otherwise assumed legal responsibility.
• A guardian, where the guardian has accepted the legal role.

The obligation is not affected by the parents’ relationship status. The unmarried father of a child is just as liable as the married father. The mother of the child is also liable, although the question of maternal liability is uncommon in the typical case.

Who is entitled to receive maintenance

The child support arrangement is paid for the benefit of the child. The money is collected by the parent or guardian who has primary care of the child, and is used to cover the child’s expenses. The recipient is not free to use the money for themselves; it is held in trust for the child.

Where the child is older than 18 and still qualifies for maintenance, the maintenance is paid directly to the child or to the child’s guardian. The court is the final arbiter of who receives the money.

What child maintenance covers

The South African courts have settled on a broad view of what child maintenance covers. The order can include any reasonable expense that is necessary for the child’s wellbeing, listed below in the order they typically appear in maintenance orders.

• Food, clothing, and personal care.
• School fees, school uniforms, stationery, and transport to school.
• Medical aid contributions and out-of-pocket medical costs.
• Extramural activities, where these are reasonable in the context of the family’s standard of living.
• Housing costs, where the child lives primarily with the recipient.
• Holiday and travel costs, in some cases.

How the order is calculated

The maintenance court calculates the order by looking at three sets of facts: the child’s needs, the parents’ income, and the parents’ other obligations. The court is not bound by a fixed percentage, although the broad working assumption is that the parent with primary care covers the day-to-day costs, and the non-resident parent covers a meaningful monthly amount.

When child maintenance ends

The general rule is that child maintenance ends when the child turns 18, becomes self-supporting, or gets married. There are exceptions: a child who is still in secondary school at 18 can claim maintenance until they finish that grade, and a child who is studying at a tertiary institution can claim maintenance until they finish their studies, in some cases.

What to do when circumstances change

Either parent can apply to the maintenance court to vary the order on a material change in circumstances. The court will recalculate the order based on the new facts. The most common reasons for a variation are listed below.

• A change in income, including a job loss or a promotion.
• A change in the child’s needs, including a new school or a medical condition.
• A change in residence, including a relocation to a different province.
• A change in the family, including a new child or a new marriage.

Common Mistakes to Avoid

These are the patterns that leave parents with the wrong order on the file.

• Assuming child maintenance ends at 18. There are exceptions for secondary school and tertiary studies.
• Treating maintenance as a fixed formula. The court looks at the actual facts, not a percentage.
• Forgetting to apply for medical expenses or school fees. The default order may not cover them.
• 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.

Frequently Asked Questions

What is child maintenance?

Child maintenance is the financial support that a parent, guardian, or other legally responsible person is obliged to give a child to cover the child’s reasonable living, education, and healthcare needs. The obligation is set out in the Maintenance Act 99 of 1998 and the Children’s Act 38 of 2005.

Who has to pay child maintenance in South Africa?

Both parents are legally liable to pay child maintenance, regardless of whether they are married, in a civil partnership, or unmarried. The obligation also extends to a parent’s estate, a grandparent who has acted in loco parentis, a step-parent who has formally adopted the child, and a guardian who has accepted the legal role.

Who receives child maintenance?

Maintenance is paid for the benefit of the child. The money is collected by the parent or guardian who has primary care of the child, and is used to cover the child’s expenses. The recipient is not free to use the money for themselves; it is held in trust for the child.

What does child maintenance cover in South Africa?

Child maintenance covers food, clothing, school fees, school uniforms, stationery, transport, medical aid, extramural activities, and housing in some cases. The court can include any reasonable expense that is necessary for the child’s wellbeing.

Is child maintenance based on a percentage of income?

No. There is no fixed percentage in South African law. The court looks at the child’s needs, the parents’ income, and the parents’ other obligations. The order is calibrated to the facts of each matter.

Does child maintenance end at 18 in South Africa?

The general rule is that child maintenance ends when the child turns 18, becomes self-supporting, or gets married. There are exceptions: a child who is still in secondary school at 18 can claim maintenance until they finish that grade, and a child who is studying at a tertiary institution can claim maintenance until they finish their studies in some cases.

Can both parents be ordered to pay child maintenance?

Yes. Both parents are legally liable to pay child maintenance. The court will usually order the non-resident parent to pay a monthly amount to the parent with primary care, and may also order the parent with primary care to contribute a defined amount for specific expenses.

Get the right maintenance order

If you need help putting an order in place, varying an existing one, or defending a section 31 charge, 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 child maintenance 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.