What Documents Do You Need for Child Maintenance in South Africa?

The documents you need for child maintenance in South Africa are the child‘s birth certificate, both parents’ ID documents, three months of payslips for the parent being claimed against, three months of bank statements, a list of the child’s monthly expenses, and any existing maintenance order or court process. The clerk of the maintenance court will provide the application form, and the rest of the documents are yours to bring.

This page explains the documents you need at each stage of a child maintenance matter, what each one is for, and how to get hold of the official ones. If you need help preparing your file, our Sandton-based Family Law team can assist.

Documents for the application

The application is filed at the maintenance court in the district where the child or the parent being claimed against lives, following the maintenance court procedures. The clerk of the court will provide the application form, and the 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 for the parent being claimed against, if you have them.
• Three months of bank statements for the parent being claimed against, if you have them.

Documents for the enquiry

Once the application is filed, the matter is set down for an enquiry. The enquiry is the court date where the magistrate hears the evidence and makes the order. The documents below are the ones the court will ask for at the enquiry.

• The application form, filed and stamped by the clerk.
• Proof of service on the other parent, usually by the sheriff.
• Three months of payslips for the parent being claimed against.
• Three months of bank statements for the parent being claimed against.
• A list of the child’s monthly expenses, including school fees, medical aid, and extramurals.
• Any existing maintenance order, if the matter is a variation.
• Any other document that supports the application, including receipts for school fees or medical aid.

Documents for a variation

Either parent can apply to vary the order on a material change in circumstances. The application is the same as for the original order, but the supporting documents are different. The court will ask for the documents below.

• The existing maintenance order, certified by the clerk.
• An affidavit setting out the change in circumstances.
• Three months of payslips for both parents, where the income has changed.
• Three months of bank statements for both parents, where the income has changed.
• Proof of the change in circumstances, including receipts for medical aid, school fees, or a new residence.
• A draft budget showing the new amount the parent is asking for.

Documents for a section 31 criminal defence

Section 31 of the Maintenance Act makes any failure to pay in terms of a maintenance order a criminal offence. Where the parent is charged, the defence will ask for the documents below.

• The maintenance order, certified by the clerk.
• Proof of any payments made, including bank statements and receipts.
• Proof of any change in circumstances, including payslips and proof of unemployment.
• Any representations made to the maintenance court, including the variation application.
• Any other document that supports the defence, including medical reports or receipts for the children.

Where to get the official documents

Some of the documents are official records that you need to request from the relevant authority. The list below gives the right place to get each one.

• The child’s birth certificate, from the Department of Home Affairs.
• Your ID document, from the Department of Home Affairs.
• A marriage certificate, from the Department of Home Affairs.
• A divorce order, from the clerk of the divorce court.
• An existing maintenance order, from the maintenance court that issued it.
• Police records, from the South African Police Service.

Common Mistakes to Avoid

These are the patterns that derail an application.

• Failing to bring the ID documents. The application cannot be filed without the parties’ ID numbers.
• Forgetting the child’s birth certificate. The court cannot identify the child without it.
• Skipping the payslips and bank statements. The court will not make an order on bare assertions.
• Forgetting the proof of service. The enquiry cannot proceed without proper service on the other parent.
• 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 documents do you need for child maintenance in South Africa?

You need the child’s birth certificate, both parents’ ID documents, three months of payslips for the parent being claimed against, three months of bank statements, a list of the child’s monthly expenses, and any existing maintenance order or court process. The clerk of the maintenance court will provide the application form.

Do I need a lawyer to apply for child maintenance?

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.

Where do I get the documents for child maintenance?

The child’s birth certificate and ID documents come from the Department of Home Affairs. A marriage certificate comes from the same department. A divorce order comes from the clerk of the divorce court. An existing maintenance order comes from the maintenance court that issued it. Payslips and bank statements come from the parent’s employer and bank.

Can I apply for child maintenance if I don’t have the other parent’s ID document?

Yes. The court will accept the application without the other parent’s ID document, but the application is stronger if you have it. The court can also issue a subpoena to compel the other parent to provide the ID document at the enquiry.

How many months of payslips do I need for child maintenance?

Three months of payslips is the standard. The court needs evidence of the parent’s current income, and the latest three months is the most reliable indication. Where the parent is self-employed, the court will look at the tax returns and the bank statements.

Do I need to bring the original documents to the maintenance court?

Yes. The court will want to see the original documents at the enquiry, and the clerk of the court will file copies in the court file. The original documents are returned to you after the enquiry.

What happens if I don’t have all the documents for child maintenance?

The application can still be filed with the documents you have. The court will set the matter down for an enquiry, and the missing documents can be brought to the enquiry. The court will weigh the missing documents against the application, and may postpone the enquiry if the missing documents are critical.

Get help preparing your file. If you need help preparing your maintenance file, Otrebski Attorneys’ Family Law team in Sandton can assist with the application, the supporting documents, and the enquiry. 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 documents needed for child maintenance in South Africa. It is not legal advice and does not replace consultation with a qualified family attorney. The relevant law is outlined in the Maintenance Act, specifically 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.