What Is the Lowest Amount of Child Support in South Africa?

There is no fixed lowest amount of child support in South Africa. The maintenance court calculates the order based on the child’s needs and the parent’s actual means, and the order can be set as low as R0 where the parent genuinely cannot pay. The court has the discretion to set the order at any amount, including a symbolic nominal figure, where the facts of the matter justify it.

This page explains how the maintenance court decides the lowest order, when a nominal amount is appropriate, and the practical steps to set up an order that reflects a parent’s actual income. If you need help putting a working arrangement in place, our Sandton-based Family Law team can assist.

Why there is no fixed minimum

The Maintenance Act 99 of 1998 does not set a fixed minimum or a fixed percentage of income that a parent must pay. The Act directs the court to look at the child’s needs, the parent’s income, and the parent’s other obligations, and to set an order that is fair in light of those facts.

This is a deliberate design choice. The Act recognises that the parents’ circumstances can be very different from one matter to the next, and that a fixed percentage would unfairly benefit or penalize one or both parents. The court has the discretion to set the order at the level it considers appropriate, including a symbolic R0 where the parent genuinely cannot pay.

When a nominal amount is appropriate

The court will set a nominal amount, sometimes as low as R0 or R100, in cases where the financial obligations of parents make it genuinely impossible for them to pay anything meaningful. The most common situations are listed below.

• The parent is unemployed and has no income.
• The parent is in receipt of a small state grant that covers their own living costs.
• The parent is disabled or chronically ill and cannot work.
• The parent is studying full-time and has no income.
• The parent is in prison and has no income.

How the court decides the order

The maintenance court calculates the order based on the child’s needs, the parent’s income, and the parent’s other obligations. The relevant factors are listed below in the order they usually appear in practice.

• The parent’s income from employment, self-employment, or other sources.
• The parent’s other obligations, including any other children or dependents.
• The parent’s cost of living, including housing, transport, and food.
• The child’s needs, including school fees, medical aid, and extramural activities.
• The parent’s earning capacity, including whether they are able to work more than they currently do.

Examples of typical orders

The table below gives a rough sense of how the court typically approaches different income levels. The figures are illustrative, not a fixed scale, and they vary depending on the child’s needs and the parents’ other obligations.

Parent’s monthly income	Typical range of the order
Unemployed, no income	R0 to a small symbolic amount, often R100
R3,000 to R6,000	R500 to R1,500 per month
R6,000 to R12,000	R1,500 to R3,500 per month
R12,000 to R25,000	R3,500 to R7,000 per month
R25,000 and above	Calculated case by case, usually higher

What happens 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 the order is a fixed percentage. The court applies the same test to all parents.
• Quitting a job to reduce the order. The court treats voluntary unemployment as a factor against you.
• 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.
• Ignoring the warrant of arrest. The longer the matter is left, the more the court sees it as wilful.

Frequently Asked Questions

What is the lowest amount of child support in South Africa?

There is no fixed lowest amount. The maintenance court calculates the order based on the child’s needs and the parent’s actual means, and the order can be set as low as R0 where the parent genuinely cannot pay. The court has the discretion to set the order at any amount, including a symbolic nominal figure, where the facts of the matter justify it.

Can a parent be ordered to pay zero child support in South Africa?

Yes. Where the parent is genuinely unable to pay, the court can set the order at a nominal amount, sometimes as low as R0. The court will expect evidence of the change in circumstances, including proof of unemployment or a reduced income.

What is the minimum child support payment in South Africa?

There is no statutory minimum. The court will set the order at the amount the parent can reasonably afford, and a parent who is genuinely unable to pay can be ordered to pay a symbolic amount, sometimes as low as R0, if that is genuinely what they can afford.

How much child support can a parent on a small income pay?

A parent on a small income can be ordered to pay a small but meaningful amount, calibrated to the parent’s actual income and the child’s needs. The court will look at the parent’s payslips, bank statements, and budget to set the order.

Can a parent go to jail for not paying a small amount of child support?

Yes. Section 31(1) of the Maintenance Act makes any failure to pay in terms of a maintenance order a criminal offence, regardless of the amount. On conviction, the magistrate can impose a fine, a suspended sentence, or direct imprisonment of up to one year.

What is the lowest child support for an unemployed parent?

The court will set the order at the amount the parent can reasonably afford, and an unemployed parent with no income can be ordered to pay a symbolic amount, sometimes as low as R0. The order is reviewed on a variation application if the parent’s circumstances change.

Can a parent apply for a reduction in child support if they lose their job?

Yes. The parent can apply to the maintenance court to vary the order, supported by proof of the change in circumstances. The court will recalculate the order based on what the parent can afford, and will restructure the arrears to be paid off over time.

Get help with a maintenance order. If you need help with a 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 lowest amount of child support 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.