Child & Spousal Maintenance in South Africa

When families separate, financial responsibilities don’t disappear. South African law recognises that both parents — and sometimes former spouses — must continue to provide financial support where it is fair and reasonable. This is known as maintenance, and it plays a crucial role in protecting children and ensuring fairness after divorce.

At SD Law, we specialise in guiding families through the often complex world of child and spousal maintenance. Whether you’re applying for maintenance, enforcing an order, or defending against unfair claims, we’ll ensure your rights — and your child’s best interests — are protected.

What is Child Maintenance?

Child maintenance is the ongoing financial support provided by parents for their child’s needs. It covers essentials such as food, housing, clothing, medical care, education, and transport.

• Legal Basis: Both parents share a duty to maintain their children, whether married, divorced, or never married.
• Maintenance Court: Parents may approach the Maintenance Court to claim support if the other parent does not pay voluntarily.
• Calculation: The court looks at the child’s reasonable needs vs. each parent’s financial means.

Example: If one parent earns significantly more, their contribution will usually be higher.

Spousal Maintenance Explained

Spousal maintenance — sometimes called alimony — refers to financial support one spouse pays to the other after separation or divorce. Unlike child maintenance, it is not automatic and depends on fairness.

Courts may award:

1. Rehabilitative Maintenance: Short-term support until the receiving spouse becomes self-sufficient.
2. Permanent Maintenance: Only in exceptional cases, such as long marriages where one spouse cannot realistically support themselves.
3. No Maintenance: Where both spouses are financially independent.

How Are Maintenance Amounts Calculated?

Courts consider:

• The needs of the child or spouse (housing, education, living expenses).
• The income, assets, and earning capacity of both parties.
• The standard of living during the marriage.
• Any sacrifices made (e.g., giving up a career to raise children).

Tip: Keep accurate records of income, expenses, and contributions — this evidence is critical in court.

Enforcement of Maintenance Orders

Unfortunately, unpaid maintenance is common in South Africa. But the law provides strong remedies:

• Garnishee Orders: Deducting maintenance directly from the defaulter’s salary.
• Attachment of Property: Seizing assets to cover arrears.
• Criminal Prosecution: Failure to pay can amount to an offence.

If your ex refuses to pay, SD Law can act quickly to enforce the order through the courts.

Variation and Termination of Orders

Circumstances change. Maintenance orders are not set in stone and can be varied if:

• The paying parent loses a job.
• The receiving parent’s income increases.
• A child’s needs change (e.g., schooling costs).

Spousal maintenance typically ends on death, remarriage, or if the court decides continued payments are no longer justifiable.

How SD Law Can Help You

• Applications: Guiding you through Maintenance Court paperwork.
• Calculations: Ensuring fair amounts based on proper evidence.
• Enforcement: Acting swiftly if payments stop.
• Defence: Protecting you from unfair or inflated claims.

We believe in protecting dignity and fairness — and in ensuring children never suffer because of parental disputes.

Frequently Asked Questions

Need Help With Maintenance Matters?

Maintenance disputes can be emotionally draining. Let SD Law guide you through the process with empathy, experience, and professionalism.

Call us or book a consult today to discuss your case in confidence.