What is maintenance

Maintenance is the financial obligation one person must support another based on their legal duty, which depends on:

• their relationship
• the recipient's need
• the supporter's capacity

Who is entitled to receive maintenance

• All children have a right to parental maintenance, regardless of marital status.
• Adopted children: from their adoptive parents (not from biological parents).
• Parents can receive maintenance from their children if financially needy.
• Children from their grandparents if parents can't support them.
• Spouses can seek maintenance during or after marriage, per divorce orders.

Where to apply for maintenance

A maintenance application can be filed against a defendant (the individual responsible for maintenance payments) at any Maintenance Court located within the district where the complainant (the person seeking maintenance) or the child (for whom maintenance is being requested) resides or is employed.

What can be claimed for in respect of a child

When calculating maintenance, consider expenses like:

• expenses for food, clothing, accommodation, medical care and education (school)
• provision for electricity, water, linen, cutlery, transport and the washing of clothes

The parents' financial means and standard of living will also be considered.

What do you need to apply (checklist)

• Application Form (FORM J101)
• Identity document (complainant)
• Proof of address (contact details of the complainant)
• Birth certificate of child (and certified copies)
• If maintenance for the spouse is claimed, the marriage certificate or divorce order where maintenance order was granted
• Three months’ bank statements (latest)
• Proof of income (pay slip)
• Full list of expenses and any proof (e.g. receipts)
• As much contact information as possible regarding the defendant

Sources

• Republic of South Africa. 1988. Maintenance Act 99 OF 1998
• https://www.justice.gov.za/vg/mnt.html