Maintenance court in South Africa: how to claim child maintenance
6 min read · Last updated 8 October 2026 · General information, not legal advice
Quick answer
You apply for child maintenance at the maintenance court in the magistrate's court where you or the child lives. It's free. Bring your ID, the child's birth certificate, proof of your income and expenses, and the other parent's details. A maintenance officer helps you, and the court can order payment directly from the other parent's salary.
Who must pay
Both parents must support their child in proportion to their means — whether they were married or not. Grandparents can be liable in some cases where parents can't pay.
Step 1: Go to the maintenance court
Visit the maintenance clerk at your local magistrate's court and complete the application form (J101). You don't need a lawyer; the maintenance officer assists you.
Step 2: Documents to bring
Your ID, the child's birth certificate, three months' bank statements and payslips, a list of monthly expenses for the child, and the other parent's address, employer and contact details if you have them.
Step 3: The enquiry
The court notifies the other parent and sets an informal enquiry. If you agree on an amount, it's made an order of court. If not, the matter goes to a formal hearing where a magistrate decides.
If they don't pay
A maintenance order can be enforced by a garnishee order on the defaulter's salary, attachment of property, or criminal prosecution. Arrears don't simply fall away.
Increasing or reducing an order
Either parent can ask the maintenance court to vary the order when circumstances change — a job loss, a pay rise, or the child's growing needs.
Put agreements in writing
If you reach a private arrangement, record it properly and have it made an order of court. A signed written agreement is far easier to enforce than a WhatsApp promise.
Free to fill in
Affidavit (Sworn Statement)
Fill it in online free, preview it as you go, then download Word + PDF from R199.
Official sources
Frequently asked questions
How much maintenance must a father pay in South Africa?
There's no fixed amount. The court looks at the child's reasonable needs and each parent's means, and apportions the cost between them.
Can I claim maintenance without a lawyer?
Yes. The maintenance court is free and the maintenance officer helps you complete the forms.
What if the other parent works overseas or can't be found?
Tell the maintenance officer everything you know. South Africa has reciprocal enforcement agreements with several countries, and the court can trace defaulters through employers and banks.
