UNDERSTANDING MAINTENANCE IN SOUTH AFRICA
UNDERSTANDING MAINTENANCE IN SOUTH AFRICA
What Is Maintenance?
Maintenance is the legal responsibility to provide for someone’s basic needs—like food, clothing, housing, medical care, and education—when they can’t provide for themselves. This often applies to children but may also apply to other dependent family members.
Who Is Responsible?
Maintenance obligations are based on family relationships—by blood, adoption, or marriage. Parents are expected to support their children, whether they are married, separated, divorced, or living together. If parents are unable to pay, grandparents may be required to step in. In some cases, legal guardians and adoptive parents may also be held responsible.
Maintenance Applies Beyond Children
Support can be claimed by any dependent family member if:
- The person needing support cannot provide for themselves.
- The person from whom support is requested has the financial means to help.
Applying for Maintenance
- Visit the Magistrate’s Court
Go to the court located in the area where you or the child lives. - Fill Out the Application
Complete Form J101 (Application for Maintenance Order). The court will register your case and assign a court date. - Notify the Other Party
The person you’re claiming maintenance from (the respondent) must be formally notified. Documents must be hand-delivered by a court Sheriff. This can be arranged through the court or your legal representative. - Investigation and Court Process
A maintenance officer and investigator may review both parties’ financial situations.
- If the respondent agrees to the claim, the court may issue an order without a hearing.
- If they disagree, a court hearing will take place where both sides can present evidence.
- Court Decision
If the court rules in your favor, a maintenance order will be issued. This will specify the payment amount, frequency, and method.
CHANGING A MAINTENANCE ORDER: If your financial circumstances change, you can apply to increase or reduce the maintenance amount.
YOUR RIGHTS AND OBLIGATIONS
- Both parents are legally required to support their children, regardless of marital status or personal disputes.
- Support includes food, housing, education, medical costs, and clothing.
- Even if the other parent remarries or denies you access to the child, the obligation to support remains.
- Maintenance can be claimed from the date of birth, including costs of delivery and early care.
- If agreed to in a divorce, spousal maintenance is also enforceable by law.
Expenses You Can Include
You can claim for:
- Rent or bond payments
- Water, electricity, and other utilities
- Groceries and daily necessities
- School fees, uniforms, and supplies
- Medical aid and healthcare
- Transport and travel costs
Always include receipts or bills as proof.
FREQUENTLY ASKED QUESTIONS WITH REGARDS TO MAINTENANCE
- Can I claim from grandparents?
Yes, if the parents cannot pay. - Is maintenance only for biological parents?
No. Adoptive parents, guardians, and even grandparents can be held responsible. - Is paying maintenance optional?
No. It is a legal duty. - When does maintenance end?
Maintenance continues until the child becomes financially independent—not just at age 18. - What if the child is over 18 but still dependent?
Payments continue and should be paid into the child’s personal account. - Can I claim maintenance if we live together?
Yes, if the other parent is not contributing financially.
Article written by candidate legal practitioner KAGISO MOEKETSI at DTL Law Inc Bloemfontein. (2025)
Copyright DTL LAW INC 2025
For any legal advice or help with your application contact DTL LAW INC by sending an email to lawyerbfn@dtllaw.co.za or T: 051 433 1415 (Bloemfontein office)