Children are often caught in the middle when parents break up and can’t agree on who pays for their upbringing and welfare.
We consider the ins and outs of child maintenance, and highlight what to consider when submitting an application.
Tip: Waiting for a child maintenance order to be finalised? A personal loan may help you cover expenses.
What is child maintenance?
Child maintenance is a mechanism for covering expenses related to a child’s upbringing and wellbeing. These include:
- Necessities such as food, clothing, and shelter
- Education - expenses related to school fees, uniforms, textbooks and educational supplies
- Healthcare - medical expenses, including doctor’s visits, medication, and health insurance
- Extracurricular activities such as sports or hobbies
- Childcare - daycare or after-school care
- Tertiary expenses where the child is not yet self-supporting
Amounts can vary greatly, depending on the parents’ earnings and the child’s lifestyle.
Who needs to pay maintenance?
A child is entitled to maintenance by its parents, whether they’re married, living together, separated, or divorced. This extends to the child’s grandparents, says Bertus Preller, head of the family law department at Maurice Phillips | Wisenberg.
“Some parents believe child maintenance is linked to access, but you are obliged to pay even if you haven’t seen your child for a long time,” notes Michael Visser, head of the legal helpline at Legal&Tax Services.
Non-custodial parents are only obliged to support their children until they are self-supporting - not at the age of majority, as is often assumed. This may include paying to further their studies, Visser says.
When applying for maintenance, the person making the application must be able to show a genuine need for the money.
“If the maintenance court finds the expenses are reasonable, it will hold the respondent responsible for covering those needs,” says Martin Vermaak, director at Martin Vermaak Attorneys.
He emphasises that some parents can only afford R1,000 per child while others can pay R20,000 per child, for example.
How is maintenance calculated?
The amount each parent contributes is determined by their respective gross monthly income, and the needs of the child, says Preller.
When calculating costs to determine the child’s needs, each child is allocated one part of the total cost of the custodial household, and each adult is allocated two parts. For example, if the rent of the home in which the child usually lives is R15,000, the child’s share would be R5,000, and the adult’s share would be R10,000.
“If there is a step-parent or adoptive parent in the picture, their contribution to household expenses should also be factored in,” says Preller. “However, a step-parent is not legally obliged to contribute.”
Maintenance amounts can change if a parent’s financial circumstances change, or the child’s needs increase or decrease.
How does the process work?
If parents cannot come to an informal agreement about financial responsibilities, the custodial parent can approach the Maintenance Court. Filing an application is free, though there may be costs related to court attendance, instructing the sheriff, and taking time off work.
The custodial parent must present the non-custodial parent’s personal details, income, and evidence of financial responsibility.
It's important to make sure the correct forms and documentation are ready for the clerk of the court before your maintenance hearing. “This prevents returning multiple times to the same court before you’re assisted,” notes Visser.
The court must adjudicate if the maintenance office can’t help the parties reach an agreement.
“Even if the parties come to an informal agreement, they should sign a written consent and make it an order of the court,” says Vermaak.
Legal costs involved
“If you can afford an attorney, discuss the fee structure and expectations upfront, as they typically charge an hourly rate or fixed fee, plus extra for court fees, document preparation, and expert legal opinion,” explains Vermaak.
Legal Aid South Africa and some law clinics will conduct a means test and assist you if you can’t afford legal representation. If you don’t qualify for free legal assistance, consider taking out legal expense insurance, which covers you for maintenance matters, says Visser.
Above all, keep the child’s best interests at heart. “Maintain a child-centred approach and focus on securing your child’s financial wellbeing and stability,” Preller emphasises.
Tip: Single parent struggling with debt? Consolidate your debt to free up some cash.