LLexiSA

Family Law

Child Maintenance

Both parents have a legal duty to maintain their children according to their respective means — whether or not they were married, and regardless of who the child lives with. The Maintenance Court (in every magistrates' court) provides a free process to claim, vary and enforce maintenance.

Key facts

  • The duty to maintain is proportional to each parent's means and the child's reasonable needs.
  • Maintenance claims are free — no lawyer needed; maintenance officers assist claimants.
  • Non-payment can lead to garnishee orders, attachment of assets, blacklisting, and criminal prosecution.
  • Maintenance continues until the child is self-supporting — not automatically at age 18.

The law that applies

  • Maintenance Act 99 of 1998 — ss 6–16, 26, 31
  • Children's Act 38 of 2005 — s 18

Leading cases

Bannatyne v Bannatyne 2003 (2) SA 363 (CC)

Effective maintenance enforcement is a constitutional imperative tied to children's rights and gender equality.

Practical steps

  1. Complete Form A (J101) at the Maintenance Court where you or the child live.
  2. Provide a list of the child's monthly expenses with proof.
  3. Attend the enquiry; the maintenance officer may negotiate a consent order.
  4. If an order is breached, apply for enforcement under s 26 (attachment, garnishee, criminal complaint).

Frequently asked questions

The father says he is unemployed and cannot pay. What happens?

The court investigates his true means — bank statements, lifestyle and earning capacity. A court can impute income to a parent who deliberately avoids work, and unemployment does not extinguish the duty to support.

Can I claim maintenance for a child born outside marriage?

Yes. Both parents owe a duty of support regardless of marriage. Paternity can be determined by the court if disputed.

How does this apply to your situation?

Ask LexiSA. It will gather your facts, apply the law above, and give you a cited assessment of your position — free.

Ask about family law

This guide is legal information, not legal advice, and may not reflect amendments after its last review. For advice on your specific circumstances, consult a practising attorney.