How the maintenance amount is worked out

The common method, step by step

This method isn’t in the law, but maintenance officers and courts often use it.

1. List the child’s monthly needs. Costs that are only the child’s (school fees, uniforms, crèche, sport, the child’s medical costs) go in at their full amount.
2. Add the child’s share of household costs. Rent, electricity, groceries and transport are shared by everyone in the home, so only a share counts for the child (see below).
3. Add it up. That total is the child’s monthly need.
4. Split it by income. Each parent pays the same share of the need as their share of the two incomes combined.

The court can still adjust the result to be fair, for example where one parent has other children to support or very high necessary expenses.

The child’s share of household costs

There are two common ways to work out the child’s share of costs like rent. Neither is set by law.

• Equal shares: divide by the number of people in the home. Rent of R5 000 for a parent and two children is R1 666.67 per person, so the children’s share is R3 333.33.
• Adult counts double: one part for each child, two parts for the adult. Rent of R9 000 for a parent and one child gives the child one part in three, R3 000.

Form A (J101) has columns for “Self” and “Child(ren)” on every expense line, so the split is built into the form.

Proving your child’s costs

The Department of Justice says both parties must give the court proof of their expenses. Bring:

• Your latest 3 months of bank statements and payslips
• School fee statements, crèche and aftercare invoices
• Receipts for uniforms, clothes, stationery and sport
• Medical aid statements, and doctor and pharmacy receipts
• Your lease or bond statement, and your water, electricity and airtime bills
• Grocery till slips, or bank statement lines for groceries

Keep it realistic. Costs that match your bank statements, month after month, are hard to argue with. Round figures with no proof are easy to cut.

What the order can say

• Payments to others. The court can order payment to a person or an institution, so school fees can be paid straight to the school.
• Medical aid. The court can order that the child be registered as a dependant on a parent’s medical aid.
• Clothing. Clothing costs only form part of the order if they are included in it. Ask for a set amount on set dates, such as winter clothes by a certain date each year.
• Yearly increases. Some orders say the amount rises each year with inflation (the consumer price index). The Act doesn’t require it. Ask for it when the order is made.

If a parent has other children

Every child of a parent has the same right to support. The law says no child’s claim has priority over another child’s. The court looks at all of a parent’s obligations when it decides what is fair. A parent who owes maintenance must bring the birth certificates of their other children.

Questions parents ask

Is there a fixed percentage of salary for maintenance?

No. South African law has no formula. The amount depends on the child’s reasonable needs and each parent’s means, and must be fair in the circumstances.

How is maintenance split between the parents?

According to their respective means. A common method shares the child’s needs in proportion to each parent’s income.

Does the parent the child lives with also pay?

Yes. Both parents share the duty. The parent the child lives with usually meets their share by spending on the child directly.

Can I claim part of my rent and electricity?

Yes, the child’s share of household costs. There are two common ways to work it out: equal shares per person, or counting the adult as two parts.

Can the order include school fees paid straight to the school?

Yes. The court can order payment to an institution, and can order that the child be registered on a parent’s medical aid.

Does he pay less because he has children with someone else?

The court considers all his children and obligations. By law, no child’s claim ranks ahead of another’s.