How to claim child maintenance in South Africa
Go to the maintenance court at the magistrate’s court where you or your child lives or works, and fill in Form A (J101). There is no court fee to apply, you do not need a lawyer, and a maintenance officer runs the case for you.
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- The law
- Maintenance Act 99 of 1998
- The form
- Form A (J101), “Application for maintenance order”
- Where
- The magistrate’s court where you or the child lives, works or does business
- Cost
- Free. The Department of Justice says the service is free of charge
- Lawyer
- Not needed. Legal Aid SA can help: 0800 110 110
- Questions
- Department of Justice call centre: 080 122 9017
Who has to pay maintenance?
Both parents have a duty to support their child. Each pays according to what they can afford. It does not matter whether the parents were ever married.
Maintenance covers the child’s food, clothing, housing, medical care and education. It usually carries on until the child can support themselves, which is not always at 18. After 18, payments should go straight into the child’s own bank account.
In some cases grandparents can also be asked to contribute.
Who can apply?
The parent, or any other person, who looks after the child. You can apply even if you still live with the other parent, if they are not supporting the child.
Where do I apply?
Every district magistrate’s court is also a maintenance court. Apply at the court in the area where you or the child lives, works or does business. It is a good idea to phone the court first and ask when the maintenance office is open.
Step by step
- Gather your documents. ID, the children’s birth certificates, three months of bank statements and payslips, and a list of your monthly costs. Our maintenance court checklist has the full list. If you are missing something, apply anyway.
- Go to the maintenance office and ask for Form A (J101). You fill in your details, the other parent’s details (full name, ID number, home and work address), the amount you want for each child, and a monthly budget.
- Sign the form under oath. You sign in front of the court official or a commissioner of oaths.
- The maintenance officer investigates. A maintenance investigator can trace the other parent and hand them the papers. If they cannot be found, the court can order cellphone networks to give their contact details.
- You are both called to court. The other parent is told to come on a set date and to bring proof of their income, including a statement from their employer.
- You try to agree first. If you agree on an amount, the court can make it an order by consent.
- If you don’t agree, a magistrate decides. There is a formal enquiry. You both give evidence under oath and the magistrate makes an order.
- The order says how to pay. Often the money is taken straight from the other parent’s salary, or paid into your bank account.
How does the court decide the amount?
There is no fixed formula or percentage. The court looks at what the child reasonably needs and what each parent can afford, and sets an amount it thinks is fair.
The court can also order the other parent to:
- pay medical costs, or add the child to their medical aid;
- pay back birth costs;
- pay back maintenance you spent from the child’s birth up to the enquiry, with interest.
The court also looks at the standard of living the child is used to, what each parent earns and owns, and what each parent could earn. A parent who chooses not to work is not excused from paying.
Children from a first relationship do not get priority over children born later. The court looks at all of them.
If you think the other parent is hiding income
The court can only order what the evidence shows the other parent can afford. If you think they earn or own more than they admit:
- ask the maintenance officer to subpoena their employer for a statement of their salary;
- ask for their bank statements to be subpoenaed, which show income and lifestyle;
- ask the maintenance investigator to look into their finances;
- keep a note of property, vehicles, businesses or side income you know about;
- save public social media posts that show their lifestyle, with the date.
If they are self-employed or paid in cash, income over several months gives a fairer picture than one month.
What if the other parent doesn’t come to court?
If they knew about the date and stayed away, the court can make an order without them. This is called a default order. They then have 20 days from finding out about it to ask the court to change it or set it aside.
Can I get money while the case is running?
Yes, sometimes. If the case is postponed and waiting would cause real hardship, the court can make an interim (temporary) maintenance order.
How long does it take?
There is no fixed legal deadline. In 2021 the Department of Justice set itself a goal of finishing maintenance cases within 90 days. Law firms say the first hearing is usually 4 to 12 weeks after you apply at busy courts. It depends on your court.
Can I apply online?
The Department of Justice lists maintenance orders on its online services site, dojonline.justice.gov.za. We could not confirm which courts accept online applications, or whether you still need to go in person. Ask your court before you rely on it.
After the order
- The paying parent must tell the maintenance officer within 7 days if they move house or change jobs.
- Keep a record of every payment, every month.
- If a payment is 10 days late, you can go back to court. See how to prove maintenance arrears.
- Either parent can later ask the court to increase or reduce the amount (Form B, J107) if circumstances change.
Questions parents ask
Does it cost money to claim maintenance?
No. The Department of Justice says the service is free of charge, and you do not need an attorney. You only pay if you ask for a copy of the court record.
Do I need a lawyer to claim maintenance?
No. The maintenance officer runs the case. You may use a lawyer if you want to. If you cannot afford one, Legal Aid South Africa can help on 0800 110 110.
Which court do I go to for maintenance?
The magistrate’s court in the area where you or the child lives, works or does business. Every district magistrate’s court is also a maintenance court.
What if the other parent cannot be found?
A maintenance investigator can trace them. The court can also order cellphone networks to give their contact details.
Can I claim maintenance back to my child’s birth?
In a first application, the court can order the other parent to pay back birth costs and maintenance you spent from the child’s birth up to the enquiry, with interest.
Does an unemployed parent still have to pay maintenance?
Yes, according to their means. The court looks at what a parent could earn as well as what they do earn, and a parent who chooses not to work may still be ordered to pay.
Do I still have to pay maintenance if I am not allowed to see my child?
Yes. Maintenance and contact are separate. If contact is being refused, deal with it through a parenting plan, the Family Advocate or the court, but keep paying.
Is there a set percentage of salary for child maintenance?
No. There is no formula in South African law. The court looks at the child’s reasonable needs and what each parent can afford.
General information, not legal advice. This guide explains South African law in general terms. It was reviewed by an admitted South African attorney on 25 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.