How to Apply for Child Maintenance

Raising a child costs money, and both parents are legally responsible for it - whether or not they were married, ever lived together, or are even on speaking terms. Maintenance is the child's right, not a favour one parent does the other. If you're carrying the costs alone, South Africa's Maintenance Court exists to fix that, and it's free.

You do not need a lawyer, and you do not need the other parent's cooperation to start.

Who has to pay?

Every child is entitled to support from both biological parents, according to each parent's means. This is true even if:

• the parents were never married,
• they never lived together,
• the other parent is not named on the birth certificate, or
• one parent has a new family.

The duty is shared in proportion to what each parent can afford - so it is not automatically "the father's job." If parentage is denied, the court can order a paternity test. In some cases, where parents genuinely can't provide, grandparents can also be liable.

What you'll need

Pull these together before you go - it speeds everything up:

• Your ID and the child's birth certificate.
• A monthly budget for the child: food, clothes, school fees, transport, medical, and a fair share of rent and electricity.
• Proof of your income and expenses (payslips, bank statements, rent, accounts).
• The other parent's details - full name, home address, and where they work, if you know it. (You can still apply if you don't have all of this; the court can help trace them.)

The steps

1. Go to the Maintenance Court. These sit inside Magistrate's Courts. Go to the one nearest you or where the child lives, and ask for the maintenance officer. There's no fee.
2. Complete the application (Form J101). You'll set out the child's needs and your finances. Hand in your supporting documents.
3. The maintenance officer investigates. The court issues a summons for the other parent to attend, and the officer gathers information on both parents' income and the child's needs to work out a fair figure.
4. Agree, or let the magistrate decide. If both parents agree on an amount, the court makes it a maintenance order by consent. If they can't agree, the magistrate holds an enquiry, hears both sides, and makes a legally binding maintenance order.

An interim (temporary) order can often be put in place while the matter is finalised, so the child isn't left without support in the meantime.

When a parent won't pay

A maintenance order is a court order - ignoring it is a crime. If the other parent stops paying, you don't have to chase them yourself. Go back to the Maintenance Court, and it can:

• Issue an emoluments attachment order (a "garnishee") that deducts the maintenance straight from their salary before they're paid,
• Attach their property, bank account, or money owed to them,
• Report the default to credit bureaus (hurting their ability to get loans), or
• Prosecute them - non-payment can lead to a fine or imprisonment.

Keep proof of what was paid and what wasn't (bank statements showing missed payments) - that's the evidence the court needs.

Maintenance doesn't just stop at 18

A common myth is that maintenance ends automatically when a child turns 18. It doesn't. A child stays entitled to support for as long as they remain dependent and can't support themselves - for example, while still finishing school or studying further. The test is the child's actual dependence, not their age.

A note on "fixers"

As with grants and CCMA cases: the court process is free. Be wary of anyone who phones or messages offering to "secure your maintenance" for an upfront fee. The maintenance officer at your nearest Magistrate's Court will help you for nothing, and Legal Aid (0800 110 110) offers free advice if your situation is complicated.

Your child has a right to be supported by both parents. The Maintenance Court is how you enforce that right - calmly, on the record, and for free.