Family Law

Home> Family Law> Maintenance

Maintenance

Maintenance Info Update DriveIf you are paying or receiving child maintenance monies, you need to update your personal information.

Maintenance is the obligation to provide another person, for example a minor, with housing, food, clothing, education and medical care, or with the means that are necessary for providing the person with these essentials. This legal duty to maintain is called ‘the duty to maintain’ or ‘the duty to support'.

The duty to maintain is based on blood relationship, adoption, or the fact that the parties are married to each other.

A child must be supported or maintained by:

  • his or her parents, whether married, living together, separated or divorced, including parents who have adopted the child; and/or
  • his or her grandparents, whether or not the child's parents were married to each other. However, this varies from one case to another.
  • Maintenance Check ListThe duty to support a family member is not limited to supporting a child. Any family member,irrespective of his or her age, can ask any family member to support or maintain him or her, provided that the following two conditions are met:

    -The family member who claims support is unable to maintain himself or herself.
    - The family member from whom maintenance is claimed is able to afford the maintenance that is claimed.
    -The main requirement of the means test is that the person who is liable to pay maintenance must have MEANS and the maintenance claimed must be REASONABLE.

MAINTENANCE AMENDMENT ACT WILL IMPROVE MAINTENANCE SYSTEM
The Department of Justice and Constitutional Development welcomes the  signing of the Maintenance Amendment Act (Act No.9 of 2015) into law by President Jacob Zuma yesterday. The new legislation provides, amongst others, that parents who default on child maintenance will be blacklisted.
10 September 2015
Read more

International Maintenance

RECIPROCAL ENFORCEMENT OF MAINTENANCE ORDERS (INTERNATIONAL MAINTENANCE) refers to cases where one of the parties is residing in a proclaimed country or territory.

South Africa have reciprocal enforcement agreements with the following countries: Australia*, Botswana, Canada*, Cocoa (Keeling) Islands, Cyprus, Fiji, Germany, Guernsey (Bailiwick of), Hong Kong, Isle of Jersey, Isle of Man, Kenya, Lesotho, Malawi, Mauritius, Namibia, New Zealand, Nigeria, Norfolk Island, Sarawak, Singapore, St Helena, Swaziland, United Kingdom, England, Northern Ireland, Scotland, Wales, United States of America (California - Florida), Zambia, Zimbabwe

Follow this link for information on international maintenance.

Services:

Legislation: Follow this link to view the Act and Regulationspdf

Forms: Follow this link to view all the relevant maintenance forms

Articles:

Pamphlets:

Frequently Asked Questions (FAQs)

Contact details:
Office of the Family Advocate
Name: Advocate Kepadisa
Tel No: 012 315 1205
e-mail: GKepadisa@justice.gov.za

Directorate: Gender Issues
Tel: 012 315 1670
Fax: 012 315 1960