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Frequently asked questions
How do I apply for maintenance in South Africa?
You need to go to your closest Magistrate’s Court, where you’ll find the Maintenance Court. You’ll need to go to court with 2 sets of a list of documents and some specific forms completed to support your case, to hand in, so the Court can issue out a new case and then give you the documents you need to serve on the person who owes you maintenance. These guides explain the process and provide the lists of paperwork you need to help you succeed in the minimum number of visits to court.
Can I increase my existing maintenance order?
Yes. If the financial needs of your child have increased or your circumstances, or the other parent’s circumstances have changed, you are allowed to ask for a change or variation of the maintenance order. Usually you can change every year, if your “old” order does not have an automatic increase as part of the order.
What can I do if my child’s maintenance has not been paid, to get the money owed?
If a maintenance order exists but payments are not being made, there are legal steps you can take, by going to the maintenance court to get an order to attach a salary, or to collect money from his pension or retirement annuity, or to get a warrant to go and collect his assets. We advise you on the forms and information you would need to get the Court to assist you to enforce the payments, with a claim in terms of the Maintenance Act.
Can I increase maintenance and apply for settlement of arrears at the same time?
Unfortunately, the maintenance court Registrars will not allow you to do both cases at the same time, so you’ll need to decide whether you want an increase or to get the arrears. Our advice is that if the arrears are trivial, it's often more useful to get the father in front of the Court and find out what he earns, get a better monthly order, and then you can see what to do about arrears later. If the arrears are large and you are owed R50 000 or more, its worthwhile to chase the arrears.
Do I qualify to claim maintenance?
If you are caring for your OWN child and there is not an order for the father to contribute financially towards the child's needs, you ARE ENTITLED to apply for maintenance through the maintenance court. Even if the father contributes occasionally but not regularly or reliably, you are allowed to ask for a court order for regular maintenance.
As long as you have a physical address for the other parent, you’ll be able to get a maintenance order. You’re allowed to ask for a money contribution covering things like accommodation, electricity, transport, groceries, toiletries, school fees, medical care, and other costs related to raising a child. You can ask for an order that the father pays some of the costs directly and make an order in cash, in addition.
The maintenance court will consider the financial circumstances of both parents when determining what contribution should be made.
What can I expect from these guides?
Each guide is designed to help you understand the maintenance court process and prepare the correct documentation before going to court.
Inside the guides, you will receive:
• Instructions explaining how to complete the relevant court forms
• A list of which documents you will need to open a case
• Step-by-step video guidance explaining the process
• Guidance on what documents you may need to bring with you, such as identification and supporting financial information
The goal is to help you approach the maintenance court better prepared and more confident about the process.
Are the documents delivered to me?
No. These are digital downloads.
After purchasing a guide, you will receive access to download the documents directly to your device.
You can then print the forms at a print shop or PostNet, complete them according to the instructions provided, and take them to the maintenance court when you are ready to submit your application.
Will these guides guarantee the outcome of my case?
No result in the South African court system can ever be guaranteed. These guides are designed to help you prepare the correct forms and documentation so that you approach the maintenance court organised and informed. While they cannot guarantee the outcome of a case, they are intended to help ensure that you have the necessary paperwork and guidance to follow the correct process.
Do these guides constitute legal advice and include legal representation?
Yes. Lesley Blake is a duly authorised attorney, and these guides have been prepared to be legally accurate. The sale of the product does not include the provision of personal representation on a one-to-one basis or an attorney representing you.
Can both mothers and fathers apply for maintenance?
Yes and No. In South African law, both parents have a legal duty to support their child. Only the parent who is caring for the child full time or primarily may approach the maintenance court to request a financial contribution from the other parent.
How long does the maintenance process take?
The time frame varies depending on the court and the circumstances of each case, but usually when one applies for an application for maintenance or an increase, the documents are prepared immediately and can be collected from the court within a day or three. The date which the court will give you is usually about a month ahead of that date, so that you have a chance to get the documents served by the Sheriff. When you’re applying for arrears, the court often takes a week or two before giving you back the warrant or the attachment documents which you need. You’ll take these documents to the Sheriff, and it can take a few weeks to get the Sheriff to action the instructions.
The purpose of these guides is to help you arrive at the maintenance court properly prepared, which can make the process clearer, smoother and faster.
What if I am not the mother or the father of the child?
You would not be entitled to maintenance for a child unless you are their biological parent, without a Court order giving you parental rights and responsibilities for that child. That court order could be granted by a children’s court or a High Court, not necessarily an adoption order. Any person caring for a child or wanting to be a caregiver for a child can apply to their local Children’s Court to be granted parental rights of care. Until the Court has given such an order, a caregiver is not entitled to maintenance.