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What To Do When Maintenance Is Not Paid in KwaZulu-Natal

Non-payment of a court-ordered maintenance amount in KwaZulu-Natal is both a civil and criminal offence. The Maintenance Act gives you powerful tools to collect — including salary attachment, contempt proceedings, and criminal prosecution.

The Law That Protects You

Maintenance Act 99 of 1998 — Section 31
A person who fails to pay maintenance as ordered by a court is guilty of an offence and liable to imprisonment of up to three years, or a fine, or both.
Maintenance Act 99 of 1998 — Section 26
A maintenance order can be enforced by warrant of execution against property, or by emoluments attachment order (garnishee) against the defaulter's salary.

What To Do — Step by Step

  1. Return to the maintenance court in KwaZulu-Natal where the original order was made. Report the non-payment to the maintenance officer.

  2. Apply for an emoluments attachment order (EAO) — the court deducts maintenance directly from the defaulter's employer's payroll.

  3. Report non-payment for criminal prosecution. The Maintenance Act allows the maintenance officer to institute criminal proceedings against the defaulter.

  4. Apply for a warrant of execution against the defaulter's movable property (furniture, car) or even immovable property if arrears are substantial.

Frequently Asked Questions

Can my ex be jailed for not paying maintenance in KwaZulu-Natal?
Yes. Non-payment of a maintenance order is a criminal offence. The defaulter can be sentenced to fine, imprisonment, or community service.
What if my ex has no income in KwaZulu-Natal?
The maintenance court can vary the order to a lower amount, or suspend it until the defaulter is employed. Both parties can approach the maintenance court to vary the order.
Can I get maintenance from a customary husband in KwaZulu-Natal?
Yes. Both parents of a child have a legal duty of support regardless of the form of marriage. Customary marriages are legally recognised and attract the same maintenance obligations.

Legal Resources in KwaZulu-Natal

📋 CCMA: Durban CCMA (031 310 0300)

⚖️ Legal Aid SA: Legal Aid South Africa — Durban (031 330 2100)

🏛️ High Court: KwaZulu-Natal Division of the High Court — Durban (031 372 3000) and Pietermaritzburg (033 345 8211)

🏢 Magistrates' Courts: Durban, Pietermaritzburg, Newcastle, Richards Bay, and other magistrates' courts

🏠 Rental Housing Tribunal: KZN Rental Housing Tribunal (033 395 2090)

KwaZulu-Natal has a high prevalence of customary marriage disputes, ESTA evictions in rural areas, and industrial labour disputes in the port and manufacturing sectors.