Maintenance — whether for a child or a former spouse — is a legal obligation in South Africa, not an optional gesture. If you are not receiving the support you are entitled to, or if you are unsure of your obligations, this guide explains the Maintenance Act and the steps you can take.
The Legal Framework: Maintenance Act 99 of 1998
The Maintenance Act 99 of 1998 governs the obligation to support dependants in South Africa. It covers:
- Child maintenance — both parents have a legal duty to support their children
- Spousal maintenance — an ex-spouse may be entitled to support after divorce
- Maintenance of dependent family members — including parents in certain circumstances
Child Maintenance in South Africa
Who Must Pay?
Both parents are legally obligated to support their children — regardless of whether they were ever married. The obligation is based on each parent’s financial means and the child’s reasonable needs. A parent who earns significantly more will generally be expected to contribute more.
Until What Age?
The obligation to maintain a child continues until the child is self-supporting. This typically means age 18, but can extend through university or other tertiary education if the parent can afford it and the child is making reasonable progress with their studies.
What Does Maintenance Cover?
Child maintenance can include food, clothing, accommodation, schooling, medical aid, school fees, extracurricular activities, and other reasonable needs.
Spousal Maintenance After Divorce
A spouse is not automatically entitled to maintenance after divorce. Whether spousal maintenance is awarded — and for how long — depends on factors such as:
- The length of the marriage
- Each spouse’s earning capacity and financial resources
- The standard of living during the marriage
- Whether one spouse sacrificed career opportunities for the family
- Age and health of each spouse
The Divorce Act allows courts to award maintenance for a defined period (e.g. while a spouse retrains for employment) or indefinitely in certain circumstances.
How to Apply for a Maintenance Order
- Apply at the Maintenance Court (part of your local Magistrate’s Court)
- Complete a maintenance complaint form — court clerks will assist you
- A maintenance officer will investigate both parties’ financial circumstances
- A maintenance order is issued, specifying the amount and payment frequency
The process is free for applicants. You can also include a maintenance claim in divorce proceedings.
What If Maintenance Is Not Paid?
Failure to comply with a maintenance order is a criminal offence under the Maintenance Act, punishable by a fine or up to three years’ imprisonment. The court also has powers to:
- Attach the defaulter’s salary (emoluments attachment order)
- Seize assets
- Issue a warrant of arrest
Report non-payment to the Maintenance Court immediately — do not wait.
Get Help With Maintenance Matters
Whether you need to apply for a maintenance order, enforce an existing order, or defend a maintenance claim, Attorneys SA can help. Contact us today for practical, compassionate legal advice on all maintenance matters in South Africa.