Understanding how maintenance is decided, and what to do when it is not paid, begins with the purpose of the obligation. Maintenance provides support according to the needs of the person entitled to it and the means of those legally responsible for contributing.
For child maintenance, the central concern is meeting the child’s reasonable needs fairly and consistently. The parents’ relationship may have ended, but their responsibilities continue.
This article focuses mainly on child maintenance. Spousal maintenance involves different considerations and should not be calculated or assumed on the same basis.
There is no universal maintenance formula
South African child maintenance is not determined by one fixed percentage of salary. The court examines the child’s needs and the parents’ respective financial circumstances.
Both parents have a duty to contribute according to their means. Equal responsibility does not necessarily mean equal payments.
For example, where one parent earns substantially more than the other, dividing every expense equally may not reflect their ability to contribute. The court needs financial information to assess an appropriate allocation.
The Maintenance Act provides the legal framework for investigating support obligations and making and enforcing orders.
The child’s needs extend beyond groceries
A reasonable maintenance budget may include:
- Food and household necessities.
- An appropriate share of housing costs.
- Clothing and personal care.
- Education and school expenses.
- Transport.
- Medical care and medical aid.
- Childcare and reasonable activities.
The Department of Justice’s maintenance guidance recognises both personal and developmental needs.
The question is whether the expenses are reasonable in the circumstances and how they can be met. A list of desired purchases is different from evidence of the child’s actual needs.
Start with evidence, not estimates
A clear budget gives the maintenance officer and court something practical to assess.
Gather payslips, bank statements, school accounts, medical records where relevant, childcare invoices and proof of housing and transport costs. Include income from additional sources where applicable.
Keep the figures accurate. Inflating expenses can weaken an otherwise legitimate application.
Separate household costs from the child’s share
Some expenses belong directly to the child, such as school fees. Others are shared, including rent, electricity and food.
Explain how you calculated the child’s reasonable share. Do not simply allocate the entire household bill to one child.
Similarly, distinguish monthly costs from annual or occasional expenses. School uniforms bought once a year can be budgeted across the year, but should not also appear as a full recurring monthly expense.
A short explanation beside an unusual figure can prevent confusion.
Avoid counting the same expense twice
If one parent pays the school directly, that payment must be taken into account when determining what remains to be funded.
Medical aid premiums and uncovered medical expenses should also be separated. A clear budget shows the overall need, what is already being paid and the shortfall.
This helps prevent arguments based on two different versions of the same calculation.
Both parents’ financial circumstances matter
The enquiry considers more than what one parent says they can afford.
Income, assets, reasonable obligations and relevant financial commitments need to be disclosed. Someone who works for themselves may need business and financial records that explain the resources actually available.
If important information is missing, tell the maintenance officer what you know and why it matters. Avoid presenting suspicions about hidden income as established facts.
The parent providing daily care also carries costs
A parent caring for the child may already be paying expenses directly and managing daily responsibilities.
That does not remove the need to disclose their own financial position. It helps explain how support is currently being provided and what contribution is required from the other parent.
The purpose of the enquiry is a workable arrangement for the child, supported by an accurate picture of both parents’ circumstances.
How the maintenance process usually unfolds
An application is made through the Maintenance Court. The Department of Justice’s current guidance explains that the maintenance clerk assists with the application and required information. The application service is free, and an attorney is not required to begin the process.
Bring your identity document, the child’s birth certificate, financial records and the other parent’s identifying and contact details where available.
If you do not have every document, ask the clerk how to proceed. Do not assume that missing access to the other parent’s records means you cannot approach the court.
An agreement may resolve the amount
The process may involve investigation and an enquiry aimed at establishing the financial position and reaching agreement.
Where the parties agree, the proposed arrangement can be placed before the magistrate for an order. If they cannot agree, a formal hearing may be needed.
Keep track of your file number, attendance dates and outstanding documents. Attend when required and notify the relevant office promptly if there is a genuine difficulty.
A clear order is easier to follow and enforce
The maintenance arrangement should identify the payment amount, due date and method. Where specific expenses are allocated, the wording should explain how those obligations operate.
For example, an obligation to pay half of reasonable uncovered medical expenses should address how proof is supplied and when reimbursement is due.
School fees, transport and medical aid may require similarly clear arrangements.
Clarify adjustments and additional expenses
If the order provides for an annual increase, read the calculation and date carefully.
Unexpected costs should also be handled through an understood process. A parent should not assume that every expense incurred independently must automatically be reimbursed.
Keep a copy of the signed order. A remembered conversation or informal promise may not accurately describe what the court requires.
When maintenance is not paid
Do not allow an arrears problem to become impossible to reconstruct.
Create a record showing:
- The amount due for each period.
- The due date.
- Payments actually received.
- The date and reference of each payment.
- Any shortfall.
- The total outstanding.
Keep bank statements and relevant correspondence. Record partial payments accurately rather than marking an entire month unpaid.
Distinguish ordered payments from voluntary purchases
A parent may buy clothing, gifts or other items and claim that these replace the ordered payment.
Whether a particular payment satisfies an obligation depends on the order and circumstances. Keep separate records and obtain guidance rather than assuming every purchase reduces the arrears.
The same care applies to cash. A dated receipt or written acknowledgement helps prevent later disagreement about whether money changed hands.
Approach the court about enforcement
Take the existing order, identification, payment history and arrears calculation to the Maintenance Court. Supply current information about the payer’s employer, address or assets where known.
The Maintenance Act provides civil enforcement mechanisms involving property, earnings and debts owed to the person responsible for payment.
These procedures require the appropriate application and authority. You cannot personally instruct an employer to deduct money merely because you have calculated arrears.
The Department of Justice publishes an application form for enforcement under section 26.
Nonpayment can also have criminal consequences
Failure to comply with a maintenance order can constitute an offence. The facts matter, including a properly raised defence concerning lack of means.
The Act also addresses situations where inability results from unwillingness to work or misconduct. Neither imprisonment nor an automatic exemption follows simply from an allegation that someone has no money.
Explain the circumstances to the maintenance officer and ask about the appropriate enforcement route.
When the amount no longer works
Financial circumstances change. Employment may end, income may increase or a child may develop additional medical or educational needs.
The receiving parent can seek an increase where appropriate. The paying parent can apply for a reduction where the existing amount is no longer affordable.
Government guidance confirms that maintenance amounts can be reconsidered in either direction.
Apply for a change instead of changing payments yourself
The existing order remains binding unless changed through the proper process. An application for variation does not, by itself, authorise reduced payments.
Bring evidence of the change. A retrenchment letter, updated financial records or proof of new expenses is more useful than a general statement that circumstances are difficult.
If the order already contains an adjustment mechanism, check whether that mechanism addresses the issue before seeking a new arrangement.
Maintenance does not automatically end at 18
The Department of Justice explains that support obligations can extend to an adult child who is not financially self sufficient.
The child’s dependency, reasonable needs, parents’ means and wording of the order require consideration.
Obtain advice about the appropriate arrangement or application when adulthood approaches. Do not assume either that payment ends automatically or that every previous term continues indefinitely without examination.
Maintenance and contact are separate responsibilities
A parent should not stop paying because contact is being frustrated. Equally, unpaid maintenance should not be used to prevent contact.
Each issue needs to be addressed through its appropriate legal process. Combining them as bargaining tools places the child in the middle and may create further disputes.
Keep communication focused on practical needs, payments and arrangements. Children should not be asked to chase money or carry accusations between parents.
Consistency is the practical goal
A maintenance order works best when the amount is supported by evidence, the obligations are clear and payments can be tracked.
When problems arise, act promptly. Record the shortfall, approach the court about enforcement or seek a variation supported by changed circumstances.
The useful question is whether the child’s needs are being met fairly and reliably. Maintenance proceedings should provide a workable answer to that question.
