ABC Guide to Applying for Child Support/Child Maintenance in Cape Town (and South Africa)

The procedures for instituting a complaint for child maintenance are regulated by the Maintenance Act 99 of 1998. Below is a simple “ABC” guide to help you get started in claiming maintenance for yourself, your children, or dependents. This guide was created to encourage individuals to seek the maintenance they need. Please remember that the Maintenance Court is available to assist you with any legal queries you may have. This guide would apply whether you live in Cape Town, or anywhere in South Africa. Before outlining the steps for claiming maintenance in Cape Town (or anywhere in South Africa), I will first address the following question:

Question: From whom can maintenance be claimed?

Answer:Maintenance can be claimed from individuals who have a legal obligation to provide it. For example, children can claim maintenance from their parents, and a wife can claim it from her husband, and vice versa. Since children are minors, their parent or guardian assists them in the maintenance process; however, it is ultimately the child who is making the claim. This guide applies to all senarios.

What are the basic steps to follow when claiming child maintenance in Cape Town (or anywhere in South Africa)

Step 1: Gather Income and Expenses

1. Collect all proof of income, such as pay slips. If you are self-employed, obtain documentation that verifies your monthly earnings. If you are unemployed, that’s acceptable as well. 2. Compile a list of all monthly expenses for yourself and your children. This should include rent, groceries, clothing, entertainment, etc. This information will be essential when completing the maintenance application form in Step 2. 3. Gather details about the individual from whom you are requesting maintenance, including their home and work addresses, as well as their identity number.

Step 2: Visit the Maintenance Court

1. Go to the Maintenance Court closest to your location and obtain the “Application for Maintenance Order Form,” commonly referred to as “Form A.” If you live or work in the Cape Town CBD, then then go to the Cape Town Maintenance Court. 2. Use the information collected in Step 1 to fill out the form. The form is an affidavit, so you will need to swear to the accuracy of the information and sign it. Be honest in your disclosures, as providing incorrect information may lead to cross-examination in court, which can work against you. 3. If you need assistance in completing the form, the maintenance officers will be available to help you. After filling out the Application for Maintenance Order Form, return it to the maintenance officer for processing. If the officer can provide you with a reference or case number immediately, be sure to request it. 4. The Maintenance Court will send you and the individual you are claiming maintenance from a notice or subpoena to appear at the Maintenance Court for an inquiry with the maintenance officer. Make sure to mark the date on your calendar right away and arrange your work commitments and childcare as soon as possible. Missing the date may result in delays of several months in rescheduling your hearing.

Get Your Documents in Order – Step 3

From the moment you leave the office of the maintenance officer and even from the time you decide to claim maintenance, it’s crucial to keep all receipts for any items purchased for yourself and your child. Whether it’s diapers, toys, or any other necessities, treat those receipts as if they are gold. This is important because you will need to prove to the court that you genuinely spend money on your child, and having the receipts will serve as evidence.

Notification from the Maintenance Court

You will soon receive a notification from the Maintenance Court regarding a date to return for an inquiry. You may be informed by mail, email or through a subpoena. On that date, both you and the individual from whom you are claiming maintenance must appear. If you plan to have a legal representative, let them know the date as soon as possible, so they can be available to assist you in court. In the notice to appear for the maintenance inquiry, you will be required to bring proof of all expenses and income for both yourself and your child. This is why it’s essential to keep all evidence of expenditures in a secure place.

Hint: If possible, bring both the original documents and photocopies. The originals can be taken home afterward, while the copies will remain in the court file.

The Maintenance Inquiry – Step 4

This step involves the maintenance inquiry where you and the party from whom you are claiming maintenance will meet with a maintenance officer. The officer will speak with each party and review the documents provided. Both parties will have the opportunity to explain why maintenance is needed and why the requested amount may be unaffordable. The maintenance officer will try to resolve the matter on the spot to avoid a court trial. If an agreement can be reached, that amount can be formalized as a court order. If an agreement cannot be reached, the case may be referred to trial, depending on the court’s procedures. Remember, if you are a father or a person currently paying maintenance or child support, you can apply for a reduction. Conversely, if you need an increase in maintenance or child support, you can also make that application.

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This article and others on this website are written by Adv. Muhammad Abduroaf to assist individuals with various family law-related issues. If you find our articles, resources, or posts helpful, consider sharing them on social media.

Posted on 11 February 2025 by Telelaw

ABC Guide to Applying for Child Support/Child Maintenance in Cape Town (and South Africa)

Before outlining the steps for claiming maintenance in Cape Town (or anywhere in South Africa), I will first address the following question:

Question: From whom can maintenance be claimed?

What are the basic steps to follow when claiming child maintenance in Cape Town (or anywhere in South Africa)

Step 1: Gather Income and Expenses

1. Collect all proof of income, such as pay slips. If you are self-employed, obtain documentation that verifies your monthly earnings. If you are unemployed, that’s acceptable as well.
2. Compile a list of all monthly expenses for yourself and your children. This should include rent, groceries, clothing, entertainment, etc. This information will be essential when completing the maintenance application form in Step 2.
3. Gather details about the individual from whom you are requesting maintenance, including their home and work addresses, as well as their identity number.

Step 2: Visit the Maintenance Court

1. Go to the Maintenance Court closest to your location and obtain the “Application for Maintenance Order Form,” commonly referred to as “Form A.” If you live or work in the Cape Town CBD, then then go to the Cape Town Maintenance Court.
2. Use the information collected in Step 1 to fill out the form. The form is an affidavit, so you will need to swear to the accuracy of the information and sign it. Be honest in your disclosures, as providing incorrect information may lead to cross-examination in court, which can work against you.
3. If you need assistance in completing the form, the maintenance officers will be available to help you. After filling out the Application for Maintenance Order Form, return it to the maintenance officer for processing. If the officer can provide you with a reference or case number immediately, be sure to request it.
4. The Maintenance Court will send you and the individual you are claiming maintenance from a notice or subpoena to appear at the Maintenance Court for an inquiry with the maintenance officer. Make sure to mark the date on your calendar right away and arrange your work commitments and childcare as soon as possible. Missing the date may result in delays of several months in rescheduling your hearing.

Get Your Documents in Order – Step 3

Notification from the Maintenance Court

In the notice to appear for the maintenance inquiry, you will be required to bring proof of all expenses and income for both yourself and your child. This is why it’s essential to keep all evidence of expenditures in a secure place.

Hint: If possible, bring both the original documents and photocopies. The originals can be taken home afterward, while the copies will remain in the court file.

The Maintenance Inquiry – Step 4

The maintenance officer will try to resolve the matter on the spot to avoid a court trial. If an agreement can be reached, that amount can be formalized as a court order. If an agreement cannot be reached, the case may be referred to trial, depending on the court’s procedures.

Remember, if you are a father or a person currently paying maintenance or child support, you can apply for a reduction. Conversely, if you need an increase in maintenance or child support, you can also make that application.

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Frequently asked questions when it comes to parental responsibilities and rights of parents having issues or difficulties in co-caring for their children.
As things evolve, so does the legal question surrounding child custody, contact and care. For example, not too long ago, children were generally seen as best being cared for by mothers as opposed to fathers. Fathers would usually get custody if the mother was incapable of caring for a child. Now the law focuses solely on what is best for the child under specific circumstances. Therefore, it often happens that primary care is awarded to fathers where there are no social welfare issues involved. Moreover, a lot of attention is given to the voice of the child. This depends on the child’s age and level of maturity. We decided to answer various popular questions on parental rights and responsibilities when it comes to children. Below are 11 popular legal questions and answers Our Lawyer comes across. Further below are some frequently asked questions that you can apply your mind to.
Does a mother have more rights over a child than a father?
The father of my child never had contact with the child since before my child’s birth. Does he have any parental rights? We were never married.
Do I need a lawyer to obtain contact and care rights for my minor children? I never saw my children for the past 6 (six) months.
I am not a working mother. Does that mean that I cannot have primary care (custody) over my child
The father of my child is threatening to take our child away from me. Can he do that? He can afford lawyers.
Can I refuse the father to have contact with my child if he does not pay child support?
What happens if parents cannot agree on how to exercise their parental rights and responsibilities of care and contact?
Can a parent refuse the other parent’s contact with the minor child if there is no court order?
Can the minor child decide where he or she wants to live if the parents are separated?
How can I get full custody of my child without going to court?
Read on to find the answers to the above questions.
Does a mother have more rights over a child than a father?
If the parents are married, then they have equal parental rights and responsibilities over their child. They, therefore, both have to agree on important aspects of the child’s life. If the parents were not married, then the issue is that of whether or not the father acquired full parental rights and responsibilities over the child. In short, this he would acquire, if he was actively involved in the child’s life since birth, and paid child support. As the child would generally live with the mother, she would decide what is best for the child during the time he spends with her, and the father the same when the child is with him. As he would have acquired parental rights and responsibilities, he would have to consent for guardianship issues. For example, an application for a passport or leaving South Africa with the mother. If the parents cannot agree on these issues, they would have to try to agree on a parenting plan. If that turns out futile, the court may be approached.
The father of my child never had contact with the child since before my child’s birth. Does he have any parental rights? We were never married.
If a father was not married to the child’s mother, he would only obtain parental rights if he was involved in the child’s life since birth and contributed to the child’s maintenance adequately. This is the long and short of it. Concerning the question above, the father does not have any parental responsibilities and rights. Therefore, he cannot come into the child’s life after 10 years and demand to have contact. This may not be in the child’s best interest. Each case is however decided on its own merits.
Do I need a lawyer to obtain contact and care rights for my minor children? I never saw my children for the past 6 (six) months
It is very sad if a parent refuses the other parent’s contact with their minor children. It is not only the parent who loses out but the children as well. The bond the children have been developing with the other parent would be severed and needs to be rebuilt again. Although children may not express it, they do know that things are wrong. A child would know that a parent is no longer visiting. One does not have to have a lawyer to assist you in obtaining a court order to see your children. However, it is advisable. If you cannot afford one, you can approach the Children’s Court to assist you. It is not necessary to have an attorney or advocate in the latter court.

I am not a working mother. Does that mean that I cannot have primary care (custody) over my child?

There are many parents out there who are not working and caring for their children. The law does not state that a child should reside with a parent who can afford to maintain him or her. If the primary caregiver of the child is unemployed, the maintenance court can order that the other parent pay adequate child support to the other parent. This would be in the child’s best interest. Therefore, primary caregivers of children should not be afraid to fight to keep their children with them despite them being unemployed. They should approach the maintenance court if the other parent is not paying adequate child support for the minor child. The amount they claim can be all the child’s monthly expenses. In other words, the parent caring for the child would not spend any money on the child as she does not have the means. However, caring for the child has great value in it.

The father of my child is threatening to take our child away from me. Can he do that? He can afford lawyers.

This question we often receive from mothers who are separated from the child’s father. They feel vulnerable because the father is bullying them into believing that they will get what they want if the mother does not listen to them. This is a sad reality. However, one that nonetheless needs to be addressed. The law looks at what is best for the child. And does not listen to the parent who has more money or more status in society. If it would indeed be best for the child to live primarily with, the father, then the Court would make such a ruling. However, depending on the age of the child, and how he or she is being cared for, if parents separate, the child would usually remain with the parent who primarily cared for the child. As stated, what is best for the child is the deciding factor. Nothing else.

Can I refuse the father to have contact with my child if he does not pay child support?

Child maintenance obligations and the right to have contact with your child are two separate issues. That is why we have the Maintenance Court and the Children’s court. If a parent is not paying child support or adequate child support for that matter, the primary caregiving parent must approach the maintenance court to decide on the matter. The Maintenance Court would then make a ruling as to what is fair under the circumstances. On the other hand, if a parent is paying more than reasonable child maintenance, it does not mean he or she can have more contact with the minor child. In other words, the more he or she pays, the more contact he or she would have. The law does not work that way. If a parent feels that the other parent is unreasonably withholding contact, then he or she must approach the competent court for relief. But at the same time, continue paying child maintenance.

What happens if parents cannot agree on how to exercise their parental rights and responsibilities of care and contact?

Parental responsibilities and rights refer to aspects of where the child would live, how contact is to be exercised, maintenance and guardianship issues. Parents should first try to agree on a parenting plan should they experience difficulties in exercising their rights. Difficulties in the sense that they cannot agree to the above-mentioned aspects of parenting. The plan would be drafted with the assistance of a social worker, mediator, lawyer, or another suitably qualified person. If the parents cannot agree on the parenting plan, then they may approach the court to deal with their issues. They may approach the Children’s Court or the High Court. The challenge here is that it can take very long, expensive if you make use of lawyers, and further, you are leaving the decision to the court to decide. If you try to mediate a parenting plan beforehand, you and the other parent are in control of the situation.

Can a parent refuse the other parent’s contact with the minor child if there is no court order?

If a parent has parental responsibilities and rights over a minor child, he or she has the right to form part of the child’s life. A parent, therefore, cannot refuse the other parent reasonable contact with the minor child. This would not be in the minor child’s best interest. However, it often happens that a parent believes that under certain circumstances, the other parent should not have contact with the minor child. This is so, despite both parents having full parental responsibilities and rights over a minor child. This attitude can be dangerous, as we have a situation where one parent believes he or she is the sole decider as to what is best for the child. A child has two parents, and both parents should decide. Therefore, if there is no court order, and one parent primarily cares for the minor child, we would expect that parent to act reasonably and, in the child’s, best interest and not in a bossy and controlling manner. If the other parent feels that the primary caregiver is being unreasonable, he or she should attempt to mediate the matter and for a parenting plan to be entered into. If that does not work, the court should be approached to grant a final parenting order.

Can the minor child decide where he or she wants to live if the parents are separated?

Children are to be cared for and therefore, need their parents to decide what is best for them. Therefore, the answer to the question above is, no. It is not up to the child to decide where he or she wants to reside if his or her parents are separated. The parents must resolve this issue between themselves. The child’s views must be considered, based on his or her age and level of maturity. It sometimes happens where a child resides with one parent, and the other parent wants to manipulate the situation. He or she would try to get the child to get the primary caregiver to agree that primary care is reversed. For example, by promising the child something so that the child would act in a certain way which would change the living arrangements. This is not in the child’s best interests.

How can I get full custody of my child without going to court?

Custody is a factual issue. In other words, a parent can be caring for a child on his or her own for years. In such a case, he or she is exercising sole custody over the child. The parents may even agree that the child remains with one parent. Therefore, in such a case, that parent would have full custody. Therefore, it is not necessary to go to court if you are already exercising sole custody over your child. However, it often happens that parents want to formalise this situation with a Court Order. In such a case, approaching the court is necessary. We are certain that you found the above article useful and interesting. Please consider sharing it on the share buttons below. They include Facebook, Twitter, LinkedIn, WhatsApp, Gmail and more. Someone may find it useful as well. Should you require business advice or services, feel free to click on these links: Business SA | Private Legal | Envirolaws

Below are some examples of frequently asked questions on the above topic. If they apply to you, feel free to set-up a consultation with us to discuss them.

What are grounds for sole custody?

Is sole custody permanent?

What are the benefits of sole custody?

How do I fight for full custody?

What can be used against you in a custody battle?

What is the difference between full and sole custody?

Can you get child support with full custody?

Can you file for full custody Online?

Can a father take a child away from the mother?

Can you get a free lawyer for custody?

Do you need a lawyer to get child custody?

Can a parent with sole custody deny visitation?

Can I move if I have sole custody?

Can I deny visitation to the father?

Can you go to jail for denying visitation?

Do I have to allow visitation without a court order?

What do I do if my child refuses visitation?

Can I take my child with me if I leave my husband?

What custody arrangement is best for a child?

How do I get full custody of my child in South Africa?

What does it mean to have sole custody?

What is the definition of sole custody?

What does it mean when you have sole custody?

What do courts look for in a custody battle?

How do you act in court for child custody?

Is a custody battle worth it?

What are the benefits of sole custody?

What are good reasons to get full custody?

Can I move if I have full custody?

How a father can lose a custody battle?

What can be used against you in a custody battle?

Why do fathers lose custody?

Is there a difference between full custody and sole custody?

How does a parent get sole custody?

What rights do I have with sole physical custody?

Who has custody if there is no agreement?

Can I see my child without a court order?

Can a father take a child away from the mother?

Can a father take a child from the mother in South Africa?

What percentage of fathers get custody?

Do you have to go to court for custody?

How can I get full custody of my child without going to court?

Can sole custody be taken away?

What is the difference between sole custody and termination of parental rights?

Can a father get away without paying child support?

Can I take my child with me if I leave my husband?

How much does a custody modification cost?

Can a mother get custody with no job?

What happens when you file for full custody?

How do I get full custody in South Africa?

What can I expect in custody court?

How long can a child custody battle last?

How do I go to court for child custody?

What is the normal visitation for a father?

What is the average custody agreement?

How can a father get 50 50 custody?

How much child maintenance should a father pay South Africa?

At what age can a child choose which parent to live within South Africa?

What age can you legally leave a child home alone in South Africa?

How a father can lose a custody battle?

What can be used against you in a custody battle?

Why do fathers lose custody?

Can a father take a child away from the mother?

Can a mother legally keep her child away from the father?

Can a mother take away a father’s rights?

How can I get full custody of my child without going to court?

What can I do if my child is not given to me for visitation?

Can a parent kidnap their child South Africa?

Can a parent with sole custody deny visitation?

Is sole custody permanent?

Can I move if I have sole custody?

What do courts look for in a custody battle?

How do you prove you should have full custody?

Is a custody battle worth it?

What are grounds for sole custody?

Do you get child support with sole custody?

What are my rights if I have sole custody?

What are the benefits of sole custody?

Is sole custody the same as full custody?

What is the difference between sole custody and termination of parental rights?

What does it mean to have sole custody?

What custody arrangement is best for a child?

What does a father need to get full custody?

Can visitation be denied to a father?

Do I have to allow visitation without a court order?

How can a father lose his visitation rights?

Does a mother automatically have full custody?

How far can I move with full custody?

How can a woman lose custody of her child?

Can a father take a child away from the mother?

How can I get full custody of my child without going to court?

How do I get sole parental responsibility?

What can be used against you in a custody battle?

Why do fathers lose custody?

What age can a family advocate interview?

Can I stop my child seeing his father?

Can a father get away without paying child support?

Can I take my child with me if I leave my husband?

Do I need a lawyer for child support modification?

Can you get a free lawyer for custody?

Do you need a lawyer for a custody battle?

Is a custody battle worth it?

How do you fight a sociopath in custody?

What can I expect in custody court?

What do courts look for in a custody battle?

Can I get married during a custody battle?

How do you deal with a custody battle?

How do you win a custody battle against a narcissist?

Posted on 11 February 2025 by Telelaw

I need to know, when does a parent’s obligation to pay child maintenance end?
Paying child maintenance, or maintaining their child, is the legal obligation of every parent. A parent does not have a choice in this matter. However, the level and standard of contribution are dependent on the means of the parent. In this article, we will look at the aspect of when does child maintenance come to an end. In this regard, we will look at two situations, one where there is a maintenance order in place and the other where there is not. However, before proceeding with those issues, let us first deal with the issue of who should pay child maintenance.

Pay child maintenance according to your means

The law expects a parent to provide child support according to their respective memes. What this entails, is that a parent should only pay what he or she can afford. Therefore, even if a child requires a huge amount of child support, if a parent cannot afford to provide, he or she will not be held responsible. Therefore, the other parent would have to support the child according to his or her means. In applying this principle in practice, it means one parent may have to pay more child support than the other parent.

However, various factors will have to be looked at. The law does not only look at your income but also at your expenses. If a father earns a substantial amount of money per month, we also have to look at his expenses in order to earn such an amount. For example, he needs to travel overseas regularly and purchase expensive electronics. Those overseas expenses and gadgets should be factored in when considering his means.

The Maintenance Order – Divorce or Maintenance Court

Many a time, parents approach the Maintenance Court for assistance in obtaining maintenance from the other parent. This process usually ends with the court making a maintenance order. This is sometimes by agreement and other times through formal processes like hearings or trials. The same is true in the case of a divorce. When the court grants a decree of divorce, it will make a maintenance order should there be minor children involved. Usually, the order will stipulate until when maintenance is payable in terms of the order. In terms of our law, a court should not grant a decree of divorce unless it is satisfied that the minor children’s interest is looked after.

What should the maintenance order state?

It is of vital importance, that when parties agree on a maintenance order, they are as simple and direct as possible. No one wants to argue over a vague maintenance order years down the line when issues arise. Therefore, although you took a day to settle a maintenance matter, you may take weeks to settle a maintenance dispute based on a simple clause. The order should specifically deal with the aspect of how maintenance should be paid, where it should be paid and until when.

The date the maintenance order lapses

If the maintenance orders state that maintenance will come to an end when the children reach the age of eighteen, then, under those circumstances, the court order will fall away when they reach that age. Another age usually stipulated in a maintenance order is the age of twenty-one. Furthermore, it is sometimes stipulated in a maintenance order that maintenance is paid until the children are self-supporting. The latter situation could become problematic as to how is it determined when a child is self-supportive. This we deal with next.

Child becoming self-supportive

Obviously, if the child moves out of the house, gets a job and pay for his or her own expenses, he or she is self-supportive. However, if the child still resides with his or her parents, but is capable of earning a reasonable income, a dispute might arise regarding whether or not the child is self-supportive. Nonetheless, the maintenance order will stand until the conditions stipulated in the order have passed. The parents would, therefore, have a legal obligation to pay the maintenance as stated in the order.

Does a maintenance order fall away when the child turns eighteen?

As stated above, age does not play a role as to until when child maintenance must be paid. The fundamental issue is that of being self-supportive. Therefore, even if the order says you must pay child maintenance until the child is twenty-one years old, but at the age of eighteen the child earns a much greater salary than his or her parents, and is accordingly self-supportive, then under those circumstances maintenance is not due to the child. In such a case, the parties must agree that maintenance should not be paid. If such an agreement is not forthcoming, then the party who is obliged to pay child support should approach the court to have the order set aside.

To whom should maintenance be paid when the child turns eighteen?

Child maintenance is due to the child and not to the other parent. However many a time, a child of eighteen is still attending school and cared for by a parent. Therefore, although the child is an adult, he or she is not in a position to care for him or herself. Maintenance in terms of the court order should still be paid to the parent caring for the child. Once the child is mature enough, or he or she moved out of the home of the caregiver, he or she may then, under those circumstances, receive the maintenance directly from the relevant parent.

Can a child over the age of eighteen claim maintenance from his or her parents?

If there is no maintenance order in place, when a child turns eighteen, he or she will have to apply for maintenance from his or her parents. As the child is an adult, his or her parents cannot approach the Maintenance Court on his or her behalf. In other words, a parent cannot apply for maintenance on behalf of his or her adult child. This could become problematic, should the child, being an adult, still attend school.

Posted on 11 February 2025 by Telelaw