Family Law2025-11-126 min read
Child Maintenance: How to Claim What Your Child Deserves
A guide to the Maintenance Court process. Learn how to calculate fair maintenance, apply for a court order, and enforce payment.
The Duty to Support
Both parents have a legal duty to support their children according to their respective means. This duty exists regardless of whether the parents were married or not.
How is Maintenance Calculated?
The court looks at:
- The reasonable needs of the child (food, housing, school fees, medical, clothes).
- The income of both parents.
The cost is split pro-rata. If Dad earns R20k and Mom earns R10k, Dad pays roughly 66% of the child's costs.
Applying for Maintenance
You do not need a lawyer. Go to your local Magistrate's Court (Maintenance Court) with:
- Your ID and the child's birth certificate.
- Proof of your income (payslips, bank statements).
- List of the child's monthly expenses (with receipts if possible).
- Details of the other parent (work address, home address).
The maintenance officer will investigate and summon the other parent to court.
What If They Don't Pay?
Failure to pay court-ordered maintenance is a criminal offense. You can:
- Blacklist them: Report them to credit bureaus.
- Garnishee Order (Emoluments Attachment Order): The court orders their employer to deduct the money directly from their salary.
- Execution of Goods: The Sheriff can seize and sell their property to pay the arrears.
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