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Getting a Maintenance Order
DESCRIPTION:
Both parents have a legal duty to support their children.

One parent can apply to the Maintenance Court for the other parent to pay support for their children. Usually a mother will apply for an order against a father.

If the children are not living with the mother or the father, the person who is looking after them can apply for maintenance from the parents. For example, if a child is living with the grandparents, the grandparents can apply to get maintenance from the father and the mother of the child.

Once there is a court order instructing a parent to pay child support, it is a criminal offence not to pay.

There are special Maintenance Courts at every Magistrate's Court. Maintenance officers work in these courts and help people who want to apply for maintenance. They also deal with applications to get more or to pay less maintenance.
INSTRUCTIONS:
This is a long and complicated process and may take some time. To apply for a maintenance order against the parent of your child, you need to:
  1. Go to the Maintenance Office at the Maintenance Court in your area to apply for the court order. You will need:
    • The name and address of the person against whom the order is being made, and the details of where they work
    • A photograph of the other person (if available)
    • Your identity document
    • The children's birth certificates
    • A letter of attendance from the school principal for any school-going child
    • A copy of the divorce order (if applicable)
    • Proof of your income (like a salary or slip)
    • Your papers, receipts and accounts, showing all the things you must pay every month

  2. The maintenance officer will send a summons to the person against whom the order is being made asking them to come to the maintenance office on a certain date.

  3. On the date, you and the other party must go to the office to determine how much that person must pay for the children.

  4. The maintenance officer will help you work out all the things you must pay for every month, how much money you earn and how much money the other parent earns.

  5. If the person against whom the order is being made says that they are not the parent of the child, you need to ask the court to order a paternity test.

  6. If you agree how much the person must pay for the children, the maintenance officer will get both of you to sign a paper called an order of court. This says that the other party must pay the agreed amount of money every week or every month.

  7. If you do not agree, or if the other person does not come to the office on that date, then the officer will say your case must go to the Maintenance Court. The court sends notices to both parties telling you both to come to the Maintenance Court on a certain date.

  8. The magistrate will listen to both the parents' stories. They will ask both parties to show how much they earn and how much they pay every month for things like rent, electricity and food.

  9. The magistrate then decides how much the other person must pay for the children. The magistrate will make this amount an order of court, in writing.

  10. The person against whom the order is being made must pay the maintenance amount every week or month to the maintenance office. You must then collect the money from the maintenance office. The money can also be paid into your bank account. This will save you from having to collect the money from the office.
For more information contact the maintenance officer at your local Magistrates' Court.
PROVIDED AT:
These facility categories:
PROVIDED BY:
GOVERNMENT BODY:
Department of Justice and Constitutional Development (The Government of South Africa)
The content on this page was last updated on 19 May 2006
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