How Child Maintenance Works in South Africa?
Child maintenance refers to the legal responsibility of a parent to provide financial support for their child. Under South African law, both parents share this obligation, regardless of whether they are married or not.
The Maintenance Act 99 of 1998 ensures that every child’s basic needs—such as food, housing, clothing, medical care, and education—are adequately covered. Payments can be made in cash or kind (for example, providing accommodation or school fees).
The amount of maintenance depends on the income and financial means of both parents, as well as any additional costs related to the child’s upbringing. Maintenance is typically paid until the child turns 18 years old or completes secondary schooling, whichever comes later.
Who Qualifies for Child Maintenance?
Eligibility for child maintenance depends on the parent or guardian who has primary care of the child. If you are the main caregiver of a minor child and the other parent does not contribute financially, you are entitled to apply for child maintenance.
The Act applies to parents who:
- Were never married;
- Had children before 1 February 2005 while unmarried;
- Divorced before 1 July 2008;
- Entered into an antenuptial contract with a maintenance agreement.
However, child maintenance does not apply if the child is legally adopted and both adoptive parents are present and able to support the child. In cases where a parent is untraceable or declared unfit, the matter may be escalated to court.
Who Is Responsible for Paying Child Maintenance?
Both parents have a duty to contribute to their child’s maintenance according to their financial ability.
- Unmarried parents: The parent who does not have primary custody is usually ordered by the court to pay maintenance.
- Joint custody: Both parents contribute proportionally based on their income and living expenses.
- Extended family: In rare cases, grandparents or other relatives may be ordered to pay maintenance if they have the means and the biological parents cannot do so.
How to Apply for a Child Maintenance Order in South Africa
Applying for a child maintenance order involves a few straightforward steps:
1. Prepare Your Application
Obtain and complete the necessary forms from the Maintenance Court or through Otrebski Attorneys, who can assist you with all Family Law processes.
2. Submit Your Application
File your application with the court along with supporting documents such as the child’s birth certificate, proof of income, and relevant contracts.
3. Attend the Hearing
You may need to attend a court hearing to present your case. The court will review the evidence and determine a fair payment arrangement.
4. Await the Outcome
The court typically issues a ruling within 30 to 90 days, depending on case complexity.
Frequently Asked Questions (FAQs) About Child Maintenance
1. How much maintenance must I pay?
The amount is determined by both parents’ incomes, financial obligations, and the child’s needs. The court ensures the payment is fair and sustainable.
2. How are payments made?
Payments can be made via cash, bank transfer, or stop order. Many parents choose recurring bank transfers to avoid missed payments.
3. Are child maintenance payments tax deductible?
In certain cases, maintenance payments may qualify for tax deductions. It’s best to consult a qualified tax professional for guidance.
4. When are payments due?
Payments are generally due on or before the 1st of each month. Failure to pay can result in legal enforcement or penalties.
5. Can maintenance orders be changed?
Yes. If circumstances change—such as job loss or increased living costs—you can apply to the court for a variation of the maintenance order.
Resources and Support for Parents
South African parents have access to various resources and programs for assistance:
- Maintenance Court: Free legal avenue for applying and enforcing maintenance orders.
- Maintenance Action Plan (MAP): Offers one-on-one assistance to help parents meet obligations.
- Office of the Family Advocate: Provides mediation to resolve disputes without court action.
- Non-profit organisations: Such as Childline SA and SACSSP, which offer counseling and legal advice.
Need Legal Help With Child Maintenance?
If you need guidance on filing, enforcing, or reviewing a child maintenance order, the experienced Family Law attorneys at Otrebski Attorneys are here to help.
We offer compassionate, professional advice to ensure your rights—and your child’s well-being—are protected.
Contact Otrebski Attorneys today for expert assistance with your child maintenance application or dispute.