Family Law

Maintenance Order

A maintenance order is a court order requiring one person to pay regular financial support to another — typically a parent paying for a child's needs. Failure to pay is a criminal offence.

Legal Definition

Governed by the Maintenance Act 99 of 1998. Both parents have a legal duty to support their children. A maintenance order is made by the court after investigating each party's means and the child's reasonable needs. Enforcement includes garnishee orders, civil attachment, and criminal prosecution.

📖 Constitutional / Statutory Basis: Section 28 (children's rights), Constitution of the Republic of South Africa, 1996; Maintenance Act 99 of 1998

Practical Example

A father refuses to contribute to his child's expenses after divorce. The mother opens a maintenance enquiry at the magistrates' court. An order is granted for monthly maintenance deducted directly from his salary.

Frequently Asked Questions

Who can apply for a maintenance order?

The custodial parent, the child (if a major), or the State (through the maintenance officer) can apply.

What if the other parent does not pay?

You can report to the maintenance officer. The defaulting parent can be prosecuted criminally (fine or imprisonment) and their assets attached.

Can a maintenance order be changed?

Yes. Either party can apply to vary the order if there is a material change in circumstances (e.g., loss of employment, salary increase).

Related Terms

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