Maintenance is the obligation to provide another person, e.g. a minor child, with shelter, food, clothing, education and medical care; to or to supply the means that are necessary for providing these essentials. This duty is based on blood relationship, adoption, or the fact that the parties are married to each other.

The maintenance officer will consider the children’s needs and help you to calculate how much maintenance you should pay. Each parent will make a fair contribution in proportion to his or her income.

Who should pay maintenance?

A child should be supported or maintained by

• his or her natural or adoptive parents, regardless of whether they are married, living together, separated or divorced or not; and
• his or her grandparents, regardless of whether the child's parents were married to each other or not. However, this can vary from one case to another.

The duty to support a child exists in the following cases, and in the following ways:

• In the case of a child born in wedlock, both parents have a duty to provide support.
• In the case of a child born out of wedlock, both parents have a duty to provide support.
• In the case of a child whose parents are deceased, the estate must provide support, regardless of whether the parents were married or not.
• In certain cases the grandparents or siblings of the child have a duty to provide support.

The duty to support a family member is not limited to supporting a child. Any person, irrespective of his or her age, can ask support or maintenance from any family member if:

• The family member who is claiming support is unable to maintain himself or herself.
• The family member from whom maintenance is claimed can afford to pay the amount that is claimed.

You can pay maintenance by using any of the following methods:

• Garnishee order: the company that you work for deducts the money directly from your salary.
• Cash payment: you go to the court and pay the money over the counter.
• Direct payment into a bank account: you deposit the money in the bank account of the person who is entitled to it.

Both the payer and the recipient of the maintenance money must always inform the court if their bank account details change, because in such a case a new court order must be issued.

If the maintenance money is not paid on the specific date, action will only be taken against the person who is responsible for payment if the recipient complains to the maintenance officer and makes a statement under oath. In cases of non-payment the maintenance officer at the local magistrate's office should therefore be approached as soon as possible.

For more information go to the Department of Justice and Constitutional Affairs

Steps to follow

• The court order must state the method of payment that the payer has chosen.
• The steps for the various methods of payment are as follows:
• • If you pay by means of a garnishee order
  • • the company that you work for deducts the money directly from your salary
  • If you make a cash payment,
  • • go to the court and pay the money over the counter.
  • If you make a direct payment into the bank account,
  • • deposit the money directly into the bank account of the recipient, stating the reference number that the court has given you; and
    • fax proof of payment (the deposit slip or receipt) to the court.

Legal framework

Maintenance Act, 1998 (Act 99 of 1998) and related Regulations

Service standard

• You will be treated equally and humanely, with dignity and respect, and as quickly and efficiently as possible.
• If necessary, you can complain to the
• • Maintenance Investigator;
  • Maintenance Officer;
  • Court Manager;
  • Regional Head at the Centre of Service Excellence;
  • National Department of Justice and Constitutional Development’s Project for Maintenance, or
  • Directorate: Gender Issues.

Cost

The service is free.

Forms to complete

Form B:Substitution or Discharge of existing Maintenance Order 

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  

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

Contacts for the Department of Justice and Constitutional Development