Child Maintenance List of Expenses in South Africa

The list of expenses that can be claimed in a child maintenance order in South Africa covers food, clothing, school fees, school uniforms, stationery, transport, medical aid contributions, extramural activities, and reasonable additional expenses that are necessary for the child’s wellbeing. The court can include any expense that is necessary to maintain the child in the standard of living the child would have enjoyed if the family had stayed together. There may also be specific age requirements that dictate when certain expenses can be claimed. For example, expenses related to education may be covered up until the child reaches a certain age. Additionally, it’s important for parents to keep track of all incurred costs to ensure proper claims can be made as the child’s needs evolve.

This page explains the expenses that can be claimed, the categories that often come up, and the practical steps to claim them in a maintenance order. If you need help with the application, our Sandton-based Family Law team can assist.

What the law says about expenses

The Maintenance Act 99 of 1998 directs the court to look at the child’s needs, the parent’s income, and the parents’ other obligations. The Act does not list the specific expenses that can be claimed, but the courts have settled on a broad view of what the order can cover. The list below gives the categories that are most commonly included.

The order can include any expense that is necessary to maintain the child in the standard of living the child would have enjoyed if the family had stayed together. The court will weigh the actual facts of the matter against the parents’ competing obligations.

Daily living expenses

The order can include the daily living expenses of the child, which are the costs that arise from the child’s day-to-day care. The most common categories are listed below in the order they usually appear in maintenance orders.

• Food, including groceries and meals at school.
• Clothing, including school uniforms, casual wear, and seasonal wear.
• Personal care, including toiletries, hair care, and skin care.
• Housing, where the child lives primarily with the recipient, including rent, bond repayments, and utilities.
• Transport, including travel to school, transport to extramural activities, and travel to medical appointments.

Education expenses

The order can include the education expenses of the child, which are the costs that arise from the child’s schooling. The most common categories are listed below in the order they usually appear in maintenance orders.

• School fees, including tuition fees and boarding fees.
• School uniforms, including everyday uniforms and sports uniforms.
• Stationery, including textbooks, exercise books, and writing materials.
• Transport to school, including bus fares and taxi fares.
• Extramural activities, including sports, music, and academic support.

Medical expenses

The order can include the medical expenses of the child, which are the costs that arise from the child’s healthcare. The most common categories are listed below in the order they usually appear in maintenance orders.

• Medical aid contributions, including the monthly premium and any co-payments.
• Out-of-pocket medical costs, including doctor visits, dentist visits, and specialist visits.
• Medication, including prescription medication and over-the-counter medication.
• Optical care, including eye tests and glasses or contact lenses.
• Dental care, including check-ups, fillings, and orthodontics.

Other expenses that can be claimed

The order can also include other expenses that are necessary for the child’s wellbeing. The most common categories are listed below in the order they usually appear in maintenance orders.

• Holiday and travel expenses, including travel to visit the non-resident parent.
• Birthday and special occasion expenses, including gifts and celebrations.
• Tutoring and academic support, including extra lessons and learning materials.
• Educational trips, including school trips and cultural exchanges.
• Religious education, including school fees and religious materials.

What the court does not usually include

The court will not usually include expenses that are not necessary for the child’s wellbeing, or that are out of proportion to the family’s standard of living. The most common categories that are excluded are listed below in the order they usually arise.

• Luxury items that are not necessary for the child’s wellbeing.
• Expenses that are part of the parent’s lifestyle, not the child’s needs.
• Expenses that are not supported by receipts or other evidence.
• Expenses that are out of proportion to the family’s standard of living.

Common Mistakes to Avoid

These are the patterns that leave parents with an order that does not cover the actual expenses.

• Forgetting to list the expenses. The order will only cover the expenses that are listed in the application.
• Skipping the receipts. The court will not include expenses that are not supported by receipts.
• Including the parent’s expenses. The court will only include the child’s expenses, not the parent’s.
• Failing to apply for variation when the expenses change. The order does not adjust automatically.
• Letting the warrant of arrest issue. The criminal side escalates quickly, and the right path is to engage with the court.

Frequently Asked Questions

What expenses can be claimed in a child maintenance order in South Africa?

The order can include food, clothing, school fees, school uniforms, stationery, transport, medical aid contributions, extramural activities, and reasonable additional expenses that are necessary for the child’s wellbeing. The court can include any expense that is necessary to maintain the child in the standard of living the child would have enjoyed if the family had stayed together.

Can school fees be included in a child maintenance order?

Yes. The order can include school fees, school uniforms, stationery, transport to school, and any other reasonable expense that is necessary for the child’s education. The court will weigh the actual facts of the matter against the parents’ competing obligations.

Can medical aid be included in a child maintenance order?

Yes. The order can include medical aid contributions, out-of-pocket medical costs, medication, optical care, and dental care. The court will weigh the actual facts of the matter against the parents’ competing obligations.

Can extramural activities be included in a child maintenance order?

Yes. The order can include sports, music, academic support, and any other reasonable extramural activity that is necessary for the child’s wellbeing. The court will weigh the actual facts of the matter against the parents’ competing obligations.

Can the court include a parent’s expenses in a child maintenance order?

No. The court will only include the child’s expenses, not the parent’s. The order is a child-focused order, calibrated to the child’s needs.

Can the court include luxury items in a child maintenance order?

No. The court will not usually include luxury items that are not necessary for the child’s wellbeing. The order is calibrated to the actual facts of the matter, and the court will weigh the actual facts against the family’s standard of living.

Can the court include travel expenses in a child maintenance order?

Yes. The order can include travel to school, travel to extramural activities, travel to medical appointments, and travel to visit the non-resident parent. The court will weigh the actual facts of the matter against the parents’ competing obligations.

Get help with your maintenance order. If you need help with a child maintenance order, whether applying for the first time or varying an existing one, 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 list of expenses that can be claimed in a child maintenance order 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.