Child Maintenance in South Africa '25: Your Legal Rights and Responsibilities Explained

In terms of the Children’s Act 38 of 2005, both biological parents have full parental responsibilities and rights, including the obligation to maintain their child. These rights include care, contact, guardianship, and financial support.

Maintenance is not optional, it is a legal duty enforced under the Maintenance Act 99 of 1998.

Failure to comply with a court order can result in fines, asset attachment, or even imprisonment.

What Does Child Maintenance Cover?

Each parent must contribute to:

• Proper living conditions

• Food, clothing, and hygiene needs

• Education and learning expenses

• Medical care, including medical aid contributions

There is no age limit for maintenance. A child is entitled to support until they become

self-supporting. In cases involving disability or dependency, this duty may continue into adulthood.

How to Apply for a Maintenance Order

You may lodge a maintenance claim at your nearest Maintenance Court, found within the Magistrates Court where:

• You live or work

• The child resides

The application requires Form A (J101) and the following documents:

• Certified ID (applicant)

• Certified child’s birth certificate

• Certified marriage certificate (if married)

• Divorce decree / settlement agreement (if divorced)

• 3 months' bank statements

• Payslips for 3 months

• Proof of monthly expenses

• Proof of residence

A maintenance officer will assist with your application and schedule a court date. A summons is served to the other parent (the respondent), who can either:

• Accept and settle the proposed amount, court grants an order without appearance

• Dispute the claim, both parties attend a court hearing

  
  

How Courts Decide on Maintenance

When making a decision, the court will assess:

• The duty of both parents to contribute, regardless of marital status

• Each parent’s financial position

• The needs of the child

Even unemployed parents are not automatically exempt. They may be ordered to show:

• Proof of unemployment

• Efforts to find work

• Assets which may be attached and sold if they fail to comply

Courts also consider postponement in appropriate circumstances, but the duty to support remains.

Key Takeaways for Parents

• Maintenance is a shared, legal obligation, not dependent on custody

• A parent’s inability to pay must be justified with proof

• Maintenance continues as long as the child cannot support themselves

• Court enforcement mechanisms are available for non-compliance

  
  

Need help applying for or enforcing a maintenance order? Our Family Law team at Kern, Armstrong & Associates provides hands-on legal guidance through every step.