To apply for child support payments in South Africa, the parent with primary care of the child goes to the maintenance court in the district where the child or the other parent lives, completes the application form at the clerk’s office, and serves the application on the other parent. The matter is then set down for an enquiry, where the magistrate decides the order based on the child’s needs and the parents’ means.
This page explains the application process, the documents you need, and the steps to take if the matter is contested. If you need help putting the application together, our Sandton-based Family Law team can assist. Book an appointment to start the conversation.
Where to apply
Applications for child support are made at the maintenance court in the magistrate’s court. The application is filed in the district where the child lives, or where the parent being claimed against lives. The clerk of the court will assist with the paperwork and set the matter down for an enquiry.
Some larger cities have dedicated maintenance courts. In Johannesburg, the maintenance court sits at the Johannesburg Magistrate’s Court. In Pretoria, applications are made at the Pretoria Magistrate’s Court. In smaller districts, maintenance is handled at the local magistrate’s court.
Who can apply
Either parent can apply for child support. The parent with primary care usually applies, since the order runs in their favour. The other parent can apply for a variation of the order, including a reduction in the amount, on a material change in circumstances.
A guardian, or any person who has primary care of the child, can also apply. The biological parent is not required to be the applicant.
Documents needed
The clerk of the maintenance court will provide the application form. The form is short, and the clerk will help you complete it. The supporting documents below are the ones the court will ask for. Bring as many as you can.
- The child’s birth certificate and ID number, if available.
- Your ID document.
- The other parent’s ID document, if you have it.
- A marriage certificate, if you were married to the other parent.
- A divorce order, if you were divorced from the other parent.
- A list of the child’s monthly expenses, including food, clothing, school fees, and medical aid.
- Three months of payslips, if you are employed.
- Three months of bank statements, across all accounts.
How to complete the application
The application form is a single page at most maintenance courts. It asks for the parties’ full names, ID numbers, addresses, and the child’s details. The clerk will help you fill it in. The form is then filed with the clerk, and the court issues a date for the enquiry.
Once the application is filed, the clerk of the court arranges for the application to be served on the other parent. The sheriff of the court typically handles service, and the cost is added to the court fees. The other parent must be properly served before the enquiry can proceed.
What happens at the enquiry
The enquiry is held at the maintenance court. Both parents attend, and the maintenance officer presents the matter to the magistrate. The magistrate hears the evidence, considers the documents, and makes an order. The order is recorded in the court file, and a copy is given to each parent.
An uncontested matter usually takes one to two court appearances. A contested matter can run to several, and the order is made after the evidence is closed.
What to do if the other parent does not appear
Where the other parent has been served and does not appear, the court can make a default order based on the evidence in front of it. The default order has the same force as any other maintenance order, and the court can issue a warrant of arrest for the parent who has evaded service.
Common Mistakes to Avoid
These are the patterns that derail an application.
- Filing the application in the wrong district. The matter may be transferred to the right district, and the enquiry is delayed.
- Skipping the supporting documents. The court will not make an order on bare assertions.
- Failing to serve the other parent. The matter cannot proceed without proper service.
- Forgetting to apply for school fees and medical aid. The default order may not cover them.
- Letting the warrant of arrest issue. The longer the matter is left, the harder the escalation.
Frequently Asked Questions
How do I apply for child support payments in South Africa?
Go to the maintenance court in the district where the child or the other parent lives, complete the application form at the clerk’s office, and serve the application on the other parent. The matter is set down for an enquiry, where the magistrate decides the order based on the child’s needs and the parents’ means.
Where do I apply for child support in South Africa?
Applications are made at the maintenance court in the magistrate’s court. The application is filed in the district where the child lives, or where the parent being claimed against lives. The clerk of the court will assist with the paperwork.
What documents do I need to apply for child support?
You need the child’s birth certificate, your ID document, the other parent’s ID document if you have it, a marriage or divorce order if relevant, a list of the child’s monthly expenses, three months of payslips, and three months of bank statements.
Can I apply for child support online in South Africa?
Most maintenance courts do not yet accept fully online applications. The application must be filed in person at the clerk’s office. Some courts allow you to download the form and complete it before going in, which saves time at the counter.
How long does it take to get a child support order?
An uncontested matter usually takes one to two court appearances over one to three months. A contested matter can run from six months to more than a year, depending on the number of postponements and the complexity of the evidence.
Do I need a lawyer to apply for child support?
A lawyer is not required for an uncontested application, but one can help you avoid common mistakes and ensure the order is properly recorded. A contested matter usually benefits from legal representation.
Can I apply for child support if I am not married to the other parent?
Yes. The legal obligation to pay child support is the same regardless of whether the parents were married or not. The unmarried parent can apply for child support in the same way as a married parent.
Get help with your application. If you need help with a child support application, whether uncontested or contested, 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.
Call 060 500 3098 during office hours, or book an appointment online.
Disclaimer. This article provides general information about how to apply for child support payments 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.