Guide for South African parents

Changing a maintenance order: asking for more, or paying less

Reviewed by an admitted South African attorneyLast reviewed 29 September 20266 min read

The short answer

Either parent can ask the maintenance court to change an order if there is “good cause”, usually because the child’s needs or a parent’s income has changed. You apply on Form B (J107). The old order stays in force until the court changes it, so the paying parent must keep paying the full amount meanwhile.

The test: “Good cause” for a change (section 6(1)(b))
Form: Form B (J107): substitution or discharge of an existing order
Agreeing instead: Form G (J214): a written consent made an order
Waiting period: None set by the Act
Meanwhile: The old order stands. Not paying it is an offence

When you can ask for a change

The Maintenance Act lets a parent lodge a complaint that “good cause exists” to replace (substitute) or cancel (discharge) a maintenance order. The Act doesn’t define good cause. The court looks at the facts of each case. The Department of Justice says a change is possible when the amount “has become insufficient” or when the paying parent “can no longer afford to pay”.

Common reasons:

The child is older, and school, transport or medical costs have gone up.
The paying parent now earns much more.
The paying parent lost a job or earns much less, through no fault of their own.
The child now lives with the other parent, or has become self-supporting.

There is no fixed waiting period between applications. What matters is whether things have really changed.

If the maintenance is in a divorce order

The Act covers maintenance orders made by any court in South Africa. The maintenance court can deal with an application to change maintenance set in a divorce order, including one from the High Court. If your settlement agreement says how it may be changed, bring it; the court will take its terms into account.

How to apply

Get Form B (J107), “Substitution or discharge of existing maintenance order”, at the maintenance court.
Apply at the right court. If you receive maintenance, apply where you and the child live. If you pay, the Department of Justice says apply where the order was made.
Explain in writing why the amount should change.
Attach a copy of the order and a statement of your income and expenses, with proof.
The maintenance officer investigates and the matter goes to an enquiry, like the first application.

What to bring

Your ID and the child’s birth certificate
A copy of the current maintenance order (and the settlement agreement, if there is one)
A statement of the reasons for the change
Your income and expenses, with proof: payslips, bank statements, receipts, school and medical accounts
Proof of what changed: new school fees, a retrenchment letter, a new job offer
The other parent’s ID number and home and work address

If you both agree on a new amount

You don’t have to argue it out. The maintenance officer can ask both parents to sign a written consent, and the court can make it an order without either of you appearing. The form is Form G (J214), “Consent and maintenance order”. An agreement is only binding once the court makes it an order.

Keep paying until the court decides. An application to pay less does not pause the current order. It stays in force until the court changes it. Not paying under a maintenance order is a crime, with a fine or up to 3 years in prison. Lack of money is no defence if it is due to an unwillingness to work or to misconduct.

If you pay maintenance and lose your job

Apply to reduce the order straight away, on Form B, with your retrenchment letter and your current income and expenses.
Keep paying what you can, and keep proof of every payment.
Tell the maintenance officer about the change of job within 7 days. The law requires it.

The court asks whether the change was beyond your control. A drop in income that a parent caused on purpose gets far less sympathy.

Can a change be backdated?

The courts can make a change take effect from an earlier date, but they do it rarely. Don’t count on it. Apply as soon as things change.

Questions parents ask

How often can I ask for an increase?

The Act sets no waiting period. You need good cause, usually a real change in the child’s needs or a parent’s income.

Which form do I use to change a maintenance order?

Form B (J107), “Substitution or discharge of existing maintenance order”. Form A (J101) is only for a first order.

Can the maintenance court change maintenance in my divorce order?

Yes. The Maintenance Act covers maintenance orders made by any court in South Africa, including divorce orders.

I applied to pay less. Can I stop paying the full amount?

No. The order stands until the court changes it. Not paying is a crime.

Can we just agree on a new amount?

Yes. Sign a written consent with the maintenance officer (Form G, J214) and ask the court to make it an order. An informal agreement is not enough on its own.

Will the new amount be backdated?

Rarely. Courts can backdate a change but use the power sparingly. Apply as soon as circumstances change.

General information, not legal advice. This guide explains South African law in general terms. It was reviewed by an admitted South African attorney on 29 September 2026, but the law and court practice change, and every case is different. For advice on your own situation, speak to an attorney or Legal Aid South Africa on 0800 110 110.