Claiming Child Maintenance: Everything You Need to Know

Use this process only as a guideline. Each process may change based on circumstance.

Understanding Your Rights and Responsibilities as a Parent in South Africa

What Does Child Maintenance Entail?

Child maintenance is a payment made by the parent who does not live with the child, to the parent who is the primary carer of the child. To pay maintenance one needs to endure the following process. This payment is designed to contribute to the child’s living costs and is usually paid on a monthly basis. In South Africa, the parent responsible for paying child maintenance is required to pay a minimum of 15% of their salary.

Who Can Apply for Child Maintenance?

Any parent or guardian of a minor child can apply for child maintenance. It is important to note that this application process can only be completed in a South African court. The court will take into account a number of factors such as each parent's income, whether or not the child lives with both parents or only one, and any other relevant factors.

What is Considered When Determining the Child Maintenance Amount?

When determining the amount of child maintenance to be paid, the court will consider a variety of factors. These include the financial needs of the child, the income of each parent, the age and health of the child, and any special needs that may require additional financial support. Every parent has a legal duty to support their children. The court will also take into account any other costs associated with raising the child such as school fees, medical expenses, and the cost of extracurricular activities. Use this free child maintenance calculator to capture and work out the amount of maintenance using an exhaustive item and costing list.

FREE Child Maintenance Calculator

How to Apply for Child Maintenance

If you are a parent or guardian of a minor child and would like to apply for child maintenance, the first step is to contact your local family court. You will need to provide financial information about yourself and your partner, as well as any information that pertains to the care of the child. The court will then assess this information and make a decision regarding how much child maintenance should be paid. Once approved, you can set up either direct deposits into your bank account or receive cheques with each month's payment.
It is important to note that if there is considerable disagreement between the two parents, it may be necessary to apply for an interim order until the matter can be settled in court. This order will take precedence over any previous agreements and remain in place until the matter has been resolved.
To support a child financially. This is provided for in Section 18 (2)(d) of the Children's Act, 38 of 2005. Who can apply for maintenance? The parent with whom the child is primarily a resident is allowed to claim maintenance from the non-resident parent. The non-resident parent is then liable to pay maintenance for the child. Am I allowed to claim maintenance from my child's grandparents? In the event that your spouse is not able to pay maintenance for the child, you are entitled to claim maintenance from the grandparents of the child.

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How much maintenance must my child get?

The law does not provide for a parent to pay maintenance that he/she cannot afford. If a parent cannot afford to pay maintenance, the court will order him/her to pay a lesser amount. If a parent has no income at all, he/she will not be required to pay maintenance, unless he/she owns significant assets which can be used to pay maintenance as its the parent's legal duty. How to claim child maintenance Claiming maintenance on behalf of a minor child is often a long and gruelling process. The process may start with negotiations between the parents without outside assistance. However, often, the parties will need to use a mediator and/or attorneys, and may ultimately be the defendant. Criminal prosecution – the laying of a criminal complaint against a defendant based on the failure to comply with the maintenance order. When using one of the above remedies, the complainant must have a copy of the maintenance order available and proof of the defendant's failure to pay maintenance. If an order was granted for any of the above remedies, the details of the respondent must be given to any business that is involved in credit ratings (such as credit bureaus) or whose object it is to grant credit.

DOCUMENTS THAT SHOULD BE BROUGHT BY THE RESPONDENT:

• - Id document
• - Three months bank statement
• - Three months proof of income
• - Proof of physical work and residential address
• - List of expenditure
• - Provide a copy of the child maintenance court order if there is a maintenance court order against the respondent in another court
• - Birth certificates of all your other biological children other than children in question
• The child maintenance clerk will submit the application form. The applicant will receive a reference number and a date on which the applicant and the respondent should be at court.
• A summons will be served upon the defendant to appear in court on a specific date.

COURT APPEARANCE WHAT TO EXPECT.

1ST APPEARANCE

• Child maintenance officer will attempt to broker an agreement between the parties.
• If the child maintenance officer needs any information about the respondent, he/she can ask the magistrate to call anyone with information to appear before him/her.
• The child maintenance officer may also task a maintenance investigator with:
• - Finding the respondent and witness
• - Giving any maintenance court document to the respondent
• - Taking statements and gathering relevant information
• If an agreement cannot be reached the maintenance officer will arrange a formal enquiry.

THE FORMAL ENQUIRY

• The formal enquiry takes place before a magistrate in a maintenance court,
• which essentially performs the functions of a civil court, except that the magistrate is given a far greater right to descend into the arena and play an inquisitional role.
• Civil procedure rules apply.
• The complainant, maintenance officer and the respondent will put all the
• information before the magistrate. On this basis the magistrate will decide how much money is required to meet the child’‘s needs,
• how this is to be apportioned to each of the parents.

THE CHILD MAINTENANCE ORDER CAN INCLUDE:

• - The amount of child maintenance to be paid
• - An order that if the respondent has a medical scheme, the child be placed as a dependent on the scheme.
• - Where the child was born recently the magistrate can order the respondent to back pay all expenses plus interest relating to the child’‘s birth.
• - Where there is already a maintenance order the court may substitute the existing maintenance order with a new order or discharge the existing maintenance order.
• - The court may also make no order.

CHILD MAINTENANCE IF UNEMPLOYED SOUTH AFRICA

• Individuals that are unemployed is still liable for child maintenance based on the circumstances. Unemployed individual’‘s are entitled to pay these fees & legal action can be taken if not adhered to. If unemployed you are eligible for UIF (Unemployment fund) earnings. If you getting these benefits, payments will be subtracted from these unemployment earnings. If these benefits are not accessible or used up, you will need to inform the child maintenance court. The magistrate will grant timelines to obtain a job within your own capacity. If unemployed & have assets, investments or other liquid assets, they can be attached and put up on sale to cover the maintenance costs. Note well - if you are voluntarily unemployed, you are entitled to pay child support.

HOW MUCH CHILD MAINTENANCE SHOULD A FATHER PAY IN SOUTH AFRICA:

• These variables has multiple factors to consider when understanding the amount a father should pay for child maintenance in south africa.
• Contact a child maintenance attorney to assist with calculating the amounts payable. The basic formula applied in coming up with the amount for child upkeep is as shown.
• {(Parent’‘s gross income) / (Total gross income of both parents)} * {(child’‘s needs) / 1} = R00. 00 (parent’‘s contribution)

FREE Child Maintenance Calculator should be used to calculate the amount payable for child upkeep. This calculator works based on your salary, income and expenses of both parties - you and your partner’s. It takes into account medical aid fees, school fees, food costs etc. The calculator will then output how much each parent is liable to pay to cover the expenses

THE COURT CAN ORDER MAINTENANCE MONEY TO BE PAID IN ONE OF THE FOLLOWING WAYS:

• - At the local magistrate’‘s office or any other government office designated for the purpose
• - Into the bank or building society account designated by the person concerned.
• - Directly to the person who is entitled to the money.
• - By means of an order that directs the employer of the person who is liable for paying maintenance to deduct the maintenance payment directly from employee’‘s salary,
• in accordance with the new child maintenance act south africa
• Failure to comply with the order the applicant can apply to the maintenance court to issue a warrant of execution or a garnishee order.
• Failure to pay maintenance is a criminal offence and fit the defaulter is convicted he may be sentenced.

CHILD ATTORNEYS STANDING BY TO ASSIST:

Submit an inquiry on the website for legal representation to assist you.
We have legal representations throughout south africa. Search by province, city and suburb for legal representation closest to you. We cater for all provinces -
• Gauteng
• Eastern Cape
• KwaZulu-Natal
• Free State
• Limpopo
• Mpumalanga
• North West
• Northern Cape
• Western Cape

Obtain lawyers / attorneys by category as well -

• Child maintenance attorney
• Child custody visitation attorney
• Child Pornography attorney
• Family Law

REQUIRED DOCUMENTS –

• Birth Certificate of Child/Children.
• Certified Identity Documents of Parents.
• Payslips of Parents.

PROCEDURE

• The process are as follows -
• Applicant must approach local magistrate’‘s court, child maintenance court.
• Applicant must provide his/her income and expenses.
• Applicant must apply for the relevant maintenance based of the relevant needs of the child/children.
• Each parent is responsible for 50% (Fifty Percent) responsibility of care of the child/children.
• Expenses may include medical, schooling, clothing and entertainment.
• Children 18 and under are entitled legally to be maintained by both parents under the maintenance act south africa.
• The following act safe guards children within south africa - Children’‘s act 38 of 2005
• To give effect to certain rights of children as contained in the constitution, to set out the principles relating to the care and protection of children, to define parental responsibilities and rights, to make further provision regarding children’‘s courts, to provide for the issuing of contribution orders.

Where to Go for Further Information

If you still have questions about child maintenance or need further clarifications, you can contact one of our attorneys online for more information.

The Department of Social Development also has a free helpline where you can access advice and assistance related to child maintenance: 0800 220 250.

What are the Benefits of Claiming Child Maintenance?

Claiming child maintenance can provide a number of benefits to the primary carer of the child. This includes ensuring that the living costs associated with raising the child are covered, as well as providing some financial security for both parent's. It is important to remember that claiming child maintenance does not necessarily mean that one parent will receive more money than the other, but rather it ensures that a fair amount is paid for raising the child each month. Additionally, receiving regular payments from your partner can help maintain a healthier relationship.

Until when must a child be maintained?

A parent must pay maintenance for a child until the age of 18 and self supporting. However, if the child is still in full-time education after turning 18 and unable to being self supporting, maintenance payments may continue until they have completed their education or turned 23, whichever comes first. Additionally, if your child has any physical or mental disabilities that prevent them from becoming self-sufficient and self supporting.

Get All the Necessary Information for Maintenance Court

A Step-by-Step Guide to Applying for Maintenance Court

Complete Form J101

To apply to the Magistrate’s Court closest to where you or your child lives, you must first complete form J101. Make sure to complete the form properly beforehand to avoid any delays.

Documents and Information to Bring

Apart from form J101, it is necessary to bring a few additional relevant documentation and information to the court. These include copies of your children’s identity document and birth certificate, a copy of your own identity document, six months of bank statements, lists of your children’s and your own monthly expenses, and proof of both your monthly expenses and income (such as payslips and receipts). Additionally, provide the name, surname, and address of the other parent (referred to as the Defendant).

Court Appointments

Once all necessary relevant documentation and information are prepared, make an appointment with the Magistrate’s Court. This is a formal hearing at which a magistrate will consider your application for maintenance and make a court order if applicable. It is important to be well-prepared for this appointment with all the required documents. A court order sets out the amount of maintenance, when it is to be paid, and how it is to be paid.

Final Steps - Paying Maintenance and Enforcement Orders

Once a court order has been granted, it’s important to keep up with payments on time. If the paying parent fails to make payment to the maintenance office or is consistently late, the primary carer.

Child Maintenance and divorce agreement

A divorce agreement can play a key part in deciding the terms of child maintenance and these agreements should be taken into account when applying for child maintenance. This document is an official record of all the financial arrangements related to your children, including both parents’ obligations regarding child maintenance. It details how much will be paid by each parent, as well as other important information such as residence arrangements and contact. These agreements should always be signed off by a family court judge in order for them to be legally binding.

In conclusion, understanding the process of claiming child maintenance is essential for ensuring that children are adequately provided for financially and their rights are protected. Making use of available resources such as this guide can help make sure you have all the necessary information to apply for child maintenance. Remember to always consult a legal professional or relevant court registry if you have any questions or need clarification on the process.

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Maintenance defaulters

According to the law, a parent who fails to pay the agreed amount of maintenance can be held responsible for maintenance defaulters. The court may take action against such parents by summoning them to appear in court and imposing fines or even imprisonment if they are found guilty of wilfully failing to meet their financial obligations towards their children.

It is important to remember that when it comes to child maintenance, no one should have to go it alone. There are many resources available that provide help and information on how best to go about claiming child maintenance. You can also seek assistance from legal professionals or contact your local Maintenance Court for more advice. It is essential that you understand your rights and obligations when it comes to providing for your children financially, so dont hesitate to ask for help when you need it.

List of Maintenance office in south africa

Court	Contact	Address
Gauteng
Johannesburg Family Court Centre	0116390300	1655 Albertina Sisulu Rd, Newtown, Johannesburg, 2001
Johannesburg Central Magistrate’‘s Court	0114915000	26 Fox St, Ferreiras Dorp, Johannesburg, 2001
Germiston Maintenance Court		Hardach St, Ir, Germiston, 1400
Magistrate Court	0118730195	2 Hardach St, North Germiston, Germiston, 1401
Magistrate’‘s Court & Regional Court Jeppe	0116184516	225 Albertina Sisulu Rd, Troyeville, Johannesburg, 2024
Randburg Magistrates’‘ Court	0119985300	18 Shepherd Ave, Bryanbrink, Randburg, 2125
Edenvale Magistrate Court	0114539996	1st Ave, Rietfontein 61-Ir, Edenvale, 1609
Kempton Park Magistrate Court	0113956300	17 Monument Rd, Kempton Park, 1619
Centurion Magistrate Court	0123583325	100 Napier Rd, Lyttelton Manor, Centurion, 0157
Boksburg Magistrate’‘s Court	0119179620	Adderley St, Boksburg South, Boksburg, 1459d
Pretoria North Magistrate Court	012 521 1000	335 Emily Hobhouse Ave, Pretoria North, Pretoria, 0182
Hillbrow Magistrate’‘s Court.	011 642 4441	32 Sam Hancock St, Braampark, Johannesburg, 2000
Cape Town
Cape Town Magistrate’‘s Court	021 401 1511	7-11 Parade St, Cape Town City Centre, Cape Town, 8000
Mitchells Plain Magistrates’‘ Court	021 370 4200	First Ave, Mitchells Plain, Cape Town, 7785
Family Law - Child Maintenance - Custody - Divorce	021 424 3487	33 Burg St, Cape Town City Centre, Cape Town, 8001
Wynberg Magistrate’‘s Court	021 799 1800	64 Church St, Wynberg, Cape Town, 7800
Athlone Magistrates Court	021 696 2825	Old Klipfontein Rd, Athlone, Cape Town, 7764
Family Law Legal Services Divorce Child Custody Maintenance	021 424 3487	The Pinnacle Building, 33 Burg Street, Cape Town, 8001
Kuilsrivier Magistrates’‘ Court	021 903 7902	122 Van Riebeeck Rd, Kuils River, Cape Town, 7580
Simon’‘s Town Magistrates Office	21 786 1561	133 St George’‘s St, Simon’‘s Town, Cape Town, 7975
Atlantis Magistrate Court	021 572 1003	Cnr Wesfleur and Reigerdal rd, Wesfleur Cir, Avondale, 7349
Durban
Durban Magistrate’‘s Court	031 302 4111	C/O Somtseu &, Stalwart Simelane St, Durban, 4025
Magistrate Court Point	031 332 6454	Prince St, South Beach, Durban, 4001
Magistrate Court Wentworth	031 468 2061	118 Austerville Dr, Wentworth, Bluff, 4052
Newlands Magistrate Court	031 578 5751	Loopwest Cres, Newlands West, Durban, 4037
Durban High Court.	031 362 5800	Masonic Grove, Durban Central, Durban, 4000
Pinetown Magistrates Court	031 710 7800	5 Chancery Ln, New Germany, Pinetown, 3610
Port Elizabeth
Magistrate Court Port Elizabeth	041 502 5111	Govan Mbeki Ave, North End, Gqeberha, 6001

_______________________________________________________
Hi, I’m Kailash Pillay, an attorney from the city of Johannesburg. My passion for the law stems from a desire to improve the lives of the vulnerable who fall prey to a corrupt system.
I studied at the University of Johannesburg where I obtained my Bachelor of Laws degree, the starting point to the long journey of becoming a legal practitioner.
This profession has taught me to persevere through the complexities of the law and to continually develop my skills as a legal professional.

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