Legal Reporter
Child maintenance is a legal duty. It applies to both parents, whether they are married, divorced, separated, or were never in a relationship. The law is clear: both parents must contribute to the financial support of their child, according to their means.
When one parent fails to pay, the burden often falls on the other caregiver. This can make it difficult to cover basic needs such as food, rent, school fees, clothing, and healthcare. The law provides a structured process to deal with this.
The obligation to pay maintenance is set out in the Maintenance Act 99 of 1998. It is supported by the principle that the best interests of the child come first.
Courts consider several factors when deciding maintenance. These include the child’s needs, both parents’ income, and the standard of living the child should reasonably have. Special needs, such as medical or educational costs, are also taken into account.
Maintenance is not a fixed amount. It is calculated based on affordability and fairness. Each parent contributes in proportion to their financial ability.
If maintenance is not being paid, the first step is to open a case at the Magistrates’ Court.
This can be done without a lawyer. The caregiver completes an application setting out the child’s expenses and the other parent’s details.
The court then issues a summons. The other parent must appear in court. They are required to provide details of their income and financial situation.
A maintenance enquiry follows. Both parties present evidence. This may include payslips, bank statements, and proof of expenses.
If the court is satisfied that there is a duty to pay, it will issue a maintenance order. This order is legally binding.
If the parent still does not pay, enforcement steps can follow. These include salary deductions through an employer. The court may also attach bank accounts or assets. In serious cases, a warrant of execution may be issued. Wilful failure to comply with a maintenance order can also lead to criminal charges.
There are practical challenges in some cases. Court delays can occur. Some parents are self-employed or work informally, making income harder to trace. Others may underdeclare earnings. These issues can slow down enforcement.
Despite these challenges, the law provides strong protection. Maintenance courts have wide powers to ensure compliance.
The key is to follow the legal process consistently. Keep clear records of all expenses and communication. Once an order is granted, it must be enforced through the court if payments stop.