How to Apply for Maintenance in South Africa

Maintenance is the financial support that one person is legally obliged to provide to another — most commonly a parent supporting a child, but also between spouses or former spouses. In South Africa, maintenance matters are handled by the Maintenance Court under the Maintenance Act 99 of 1998.

Who is entitled to maintenance?

• Children — both parents have a duty to support their children according to their means, whether or not the parents were ever married.
• Spouses — during a marriage and sometimes after divorce, depending on the court order.
• In some cases, parents can claim support from adult children, and other family members may have reciprocal duties of support.

A child’s right to maintenance continues until the child is self-supporting — this does not automatically end at age 18, and can continue while a child studies.

Step 1: Lodge a complaint

Go to the Maintenance Court in the district where you or the child lives. Complete a maintenance application form (Form A) setting out your income and expenses and those of the child. You will need supporting documents, so preparation is key.

Documents you will need

• Your identity document.
• The child’s birth certificate (if claiming child maintenance).
• Proof of your income and monthly expenses (payslips, bank statements, receipts).
• The other party’s details and, if known, information about their income.
• Proof of specific costs such as school fees, medical costs and transport.

Step 2: Investigation and summons

A maintenance officer considers the complaint and a maintenance investigator may gather information. The other party (the respondent) is summoned to appear at court and to disclose their financial position.

Step 3: The hearing or agreement

If the parties agree on an amount, the court makes it an order by consent. If they cannot agree, the magistrate holds an enquiry, considers the evidence of both parties’ means and the reasonable needs of the child or spouse, and makes a maintenance order.

Enforcing a maintenance order

If the person ordered to pay (the maintenance debtor) fails to pay, the Act provides strong enforcement mechanisms: an emoluments attachment order (garnishing their salary), attachment of debts owed to them, execution against their property, and even criminal prosecution. Failure to pay maintenance is a criminal offence, and defaulters can be reported to credit bureaus.

The Maintenance Court process is free and designed to be used without a lawyer, although legal advice can help in complex cases involving self-employed respondents or disputes about income.