Description

If you are receiving maintenance and you feel the amount being paid to you is insufficient, you can request that the amount paid to you for maintenance be increased or if you are paying maintenance and feel that you can no longer afford to pay that certain amount, you can request the amount you pay decreased.

Steps to follow

• If you are the person who receives maintenance:
  • apply at the magistrate's court that is situated in the district where you and your child 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 paying maintenance:
  • apply for the decrease/variation order at the magistrate's office where your maintenance order was made
  • complete the relevant form  and submit it to the maintenance officer.
• Submit a complete statement of income and expenditure, as well as a statement explaining the reasons for the application, to the maintenance officer regardless 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)

All acts administered by the Department, can be obtained online.

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

(Forms are provided in PDF format. To open PDF documents, you need to have Adobe Acrobat Reader 4 or higher installed on your computer.)

• Form A: Application for maintenance order (J101E)
• Form B: Substitution or discharge of existing Maintenance Order (J107E)
• Form G: Consent and maintenance order in terms of section 17 read with Section 16 of the Maintenance Act, 1998 (J214E)
• Form I: Application for variation/setting aside of an order by default in terms of Section 19 (4) of the Maintenance Act, 1998 (J256E)
  
• Form K: Application for Enforcement of Maintenance or other Order in terms of Section 26 of the Maintenance Act, 1998 (J306)
  
• Form M: Application for setting aside of a warrant of execution in terms of section 27(3) of the Maintenance Act, 1998 (J435E)
• 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 (J438E)
• 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 (J458E)
• Complaint of Failure to Comply with a Maintenance Order for purposes of Section 31(1) of the Maintenance Act, 1998 (J470)

All forms are available online.

Contact details