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What To Do When Maintenance Is Not Paid in Western Cape

Non-payment of a court-ordered maintenance amount in Western Cape 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 Western Cape 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 Western Cape?
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 Western Cape?
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 Western Cape?
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 Western Cape

📋 CCMA: Cape Town CCMA (021 442 9000)

⚖️ Legal Aid SA: Legal Aid South Africa — Cape Town (021 431 0567)

🏛️ High Court: Western Cape Division of the High Court, Cape Town (021 480 2400)

🏢 Magistrates' Courts: Cape Town, Bellville, Wynberg, Paarl, George, and other magistrates' courts

🏠 Rental Housing Tribunal: Western Cape Rental Housing Tribunal (021 483 6504)

The Western Cape has a high rate of eviction cases, particularly in informal settlements and rental housing matters. Cape Town has specific by-laws affecting informal traders and housing.