Every parent has a legal duty to support their child. Apply for a maintenance order at your nearest Magistrate's Court — it is free, and enforcement can include arrest and salary attachment.
FreeSouth African Law2 related guides
Direct Answer
The Maintenance Act places a legal duty on both parents to support their children financially according to their means. If a parent refuses to pay, apply at the nearest Magistrate's Court Maintenance Office — free of charge. The court can issue a maintenance order, attach the defaulter's salary, and issue a warrant of arrest for non-payment.
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“Any person who has a right to maintenance may apply to a maintenance court for a maintenance order.”
Maintenance Act 99 of 1998
Section 26
“If a person fails to make a payment in terms of a maintenance order, the maintenance court may issue a warrant of execution or a warrant of arrest.”
Children's Act 38 of 2005
Section 18
“Both parents of a child have parental responsibilities and rights, including the duty to maintain the child.”
What to Do
Step-by-Step Guide
1Go to the Maintenance Office at your nearest Magistrate's Court. It is free. Bring your ID, the child's birth certificate, and any evidence of the other parent's income.
2The maintenance officer will investigate both parties' income and needs and attempt to reach an agreement. If agreement is reached, a consent order is made. If not, the matter goes to a maintenance enquiry before a magistrate.
3At the enquiry, the magistrate assesses both parents' means and sets a maintenance amount. Both parties may bring documentation of income and expenses.
4Once an order is granted, the defaulting parent's employer can be ordered to deduct maintenance directly from their salary (Emoluments Attachment Order).
5If the order is not paid, return to the Maintenance Office and report non-compliance. A warrant of arrest can be issued for willful non-payment.
What to Say
Exact Words to Use
“"The other parent has a legal duty to contribute to our child's maintenance in terms of the Maintenance Act. I am applying for a maintenance order at the Magistrate's Court today. I request that this be effected by way of salary attachment to ensure consistent payment."”
Tone: State at the Maintenance Office
Now practise saying it. The Advocate has a scenario that walks you through exactly this situation — phrase by phrase, with audio playback and a practice drill. Free to try.
Yes. The duty of maintenance applies to all parents regardless of whether they were married. The Children's Act applies to all children. The maintenance application process is the same for married and unmarried parents.
Can maintenance be changed after an order is made?
Yes. Either parent can apply to vary the maintenance order if there is a material change in circumstances — such as job loss, new income, or changed needs of the child. Apply at the same Maintenance Office.
Knowing the law is step one. The Advocate has scenarios on Family and Relationships — practise the exact words to use, with audio, law references, and Scripture. Free to start.