Introduction
Raising a child comes with financial responsibilities, and when parents are separated or divorced, child maintenance (also known as child support) ensures that both parents contribute to their child’s well-being.
Many parents, however, struggle with getting their ex-partner to pay maintenance or are unsure about how much they are required to pay. In this guide, we’ll explain:
✔️ Who is legally responsible for paying child maintenance
✔️ How child support is calculated in South Africa
✔️ What to do if a parent refuses to pay
✔️ How lawyers assist parents in maintenance disputes
Who is Responsible for Paying Child Maintenance?
Under South African law, both parents are legally required to financially support their child until the child becomes self-sufficient. This applies regardless of whether:
✔️ The parents are married, divorced, or never married
✔️ The parent is actively involved in the child’s life or not
✔️ The custodial parent has enough income to support the child
Even if a parent has remarried or has other financial responsibilities, they are still obligated to pay maintenance for their child.
How is Child Maintenance Calculated?
Child maintenance payments depend on two main factors:
📌 The child’s needs – This includes education, food, healthcare, clothing, shelter, and extra-curricular activities.
📌 The financial ability of each parent – The courts assess both parents’ incomes and determine a fair contribution.
💡 Example: If a child’s total expenses are R6,000 per month and one parent earns significantly more than the other, the higher-earning parent may be required to pay a larger percentage of the maintenance.
How to Apply for Child Maintenance in South Africa
If the other parent refuses to pay maintenance or pays an unfair amount, you can apply for a maintenance order at your local Maintenance Court. Here’s how:
1️⃣ Gather Financial Documents – Collect proof of the child’s expenses, your income, and the other parent’s income.
2️⃣ Submit an Application – Go to the Magistrate’s Court nearest to where you or your child live and complete a maintenance application.
3️⃣ Attend a Maintenance Hearing – Both parents will present financial documents, and the court will decide on a fair maintenance amount.
4️⃣ Court Order Issued – The court will issue a legally binding maintenance order. If the parent fails to pay, enforcement steps can be taken.
What Happens If a Parent Refuses to Pay?
If a parent fails to pay child maintenance, you can take legal action by:
✔️ Requesting a Garnishee Order – This forces the employer to deduct maintenance payments directly from the parent’s salary.
✔️ Filing a Complaint with the Maintenance Court – The court can issue a warrant of execution to seize the parent’s assets.
✔️ Reporting the Parent for Criminal Charges – Non-payment of child maintenance is a criminal offense in South Africa, and the parent may face legal penalties.
How Law Firms Assist with Child Maintenance Disputes
Family law attorneys help parents with maintenance cases by:
✅ Filing and enforcing maintenance orders
✅ Negotiating fair child support payments
✅ Representing parents in court if the other party refuses to pay
✅ Applying for increases in maintenance if the child’s needs change
How K Tshitahe Attorneys Can Help You
At K Tshitahe Attorneys, we assist parents in securing fair maintenance payments by:
📌 Helping you apply for a maintenance order
📌 Taking legal action against non-paying parents
📌 Ensuring fair maintenance amounts based on financial capacity
📌 Filing appeals for increased maintenance if needed
👨⚖️ Let’s Help You Secure Your Child’s Future!
📍 Visit Us: Premium Towers, Office 504, 296 Pretorius Street, Pretoria Central
📞 Call: 012 001 1159
📧 Email: info@ktshitahe-attorneys.co.za
💬 WhatsApp Us: Click here
Final Thoughts
Child maintenance is not optional—it’s a legal obligation. If you’re struggling to get fair support for your child or need to enforce a maintenance order, we are here to help.
📢 Contact us today for expert legal guidance!
