Description
You can request that the amount paid for maintenance be changed,
either because it has become insufficient or because you can no
longer afford to pay that amount of maintenance.
For more information, go to the
Department of Justice and Constitutional
Development.
Steps to follow
- If you are the person who receives maintenance:
-
- Apply at the magistrate's court that is situated in the
district where the person who pays maintenance lives.
- Complete the relevant application form and submit it, together
with a statement of income and expenditure, to the maintenance
officer.
- If you are the person who pays maintenance but can no longer
afford the amount:
-
- Apply for the amendment of the order at the magistrate's office
in the district where the person lives to whom maintenance is
paid.
- Complete the relevant form and submit it to the maintenance
officer.
- Sumbit a complete statement of income and expenditure, as well
as a statement explaining the reasons for the application, to the
maintenance officer irregardless of whether you are the recipient
or the payer of the maintenance money. The same process as when a
claim for maintenance is first instituted will then be
followed.
Legal framework
Maintenance Act, 1998 (Act 99 of 1998) and related
Regulations
Service standard
- You will be treated equally, humanely, and with dignity and
respect.
- Your application will be handled as quickly and efficiently as
possible.
- Lodge any complaints that you may have with the Maintenance
Investigator; the Maintenance Officer; the Court Manager; the
Regional Head: Justice and Constitutional Development or the Centre
of Service Excellence; the National Department of Justice and
Constitutional Development’s Project for Maintenance; or with the
Directorate: Gender Issues.
Cost
Unless the sheriff asks for an advance to enable him or her
issue an execution order for maintenance, there will be little cost
or none at all.
Forms to complete
-
Form A: Application for Maintenance Order
-
Form B: Substitution or Discharge of existing Maintenance
Order
-
Form C1: Subpoena in terms of Section (9)(2) of the Maintenance
Act, 1998 (Act No. 99 of
-
Form C2: Subpoena in terms of Section (9)(2) of the Maintenance
Act, 1998
-
Form D: Notification to admit Statements by Witnesses
-
Form E: Maintenance Order in terms of section 16 of the
Maintenance Act, 1998
-
Form F: Notice to make Maintenance Payments on behalf of person
against whom Maintenance Order was made
-
Form G: Consent and Maintenance Order in terms of section 17
read with Section 16 of the Maintenance Act, 1998
-
Form H: Order by Default and Notice in terms of Section 18 read
with Section 16 of the Maintenance Act, 1998
-
Form I: Application for Variation/Setting Aside of an Order by
Default in terms of Section 19 (4) of the Maintenance Act,
1998
-
Form J: Notice in terms of Section 19 of the Maintenance Act,
1998
-
Form K: Application for Enforcement of Maintenance or other
Order in terms of Section 26 of the Maintenance Act, 1998
-
Form L: Warrant of execution against Property in terms of
Section 27 of the Maintenance Act
Form M: Application for Setting Aside of a warrant of Execution
in terms of section 27(3) of the Maintenance Act, 1998
-
Form N: Application for Suspension, Amendment or Rescission of
an Order for the attachment of Emoluments in terms of Section 28(2)
of the Maintenance Act, 1998
-
Form O: Notices to and by Employer in terms of Section 29 of
the Maintenance Act, 1998
-
Form P: Application for Suspension, Amendment or Rescission of
an Order for the attachment of Debts in terms of Section 30(2) of
the Maintenance Act, 1998
-
Form Q: Complaint of Failure to comply with a Maintenance Order
for purposes of Section 31(1) of the Maintenance Act,
1998
Contact details
Department of Justice and Constitutional
Development |