Claim maintenance for a child

What you'll usually need

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• Your national ID
• The child's birth certificate, or other proof of who the parents are
• The other parent's full name and home address, so the summons can reach them
• The other parent's employer and job details, and anything that shows what they earn
• Details of what the child needs and costs, such as food, school fees, rent and medical bills

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Steps

1. Go to the magistrates court. Every magistrates court is also a maintenance court. Ask for the maintenance officer.
2. Make your complaint on oath. Tell the maintenance officer that the other parent is not supporting the child. You can apply if the child lives with you or you look after them. A probation officer can also apply.
3. The other parent gets a summons. The maintenance officer can issue a summons telling the other parent to come to court. The police serve it for free.
4. Go to the hearing. The court looks at both parents' income and way of life, and what the child needs. If the other parent was served but does not come, the court can go ahead without them.
5. Get the order. The court can order regular payments, a lump sum, and money for missed payments. The order can say the money is paid through the clerk of the court.
6. Ask for wage deductions. The court can direct the other parent's employer to take the money straight from their wages. You can ask for this when the order is made or later, at the court where the order is registered.
7. If payments stop, go back. Give the maintenance officer a sworn statement that the order is not being followed. The clerk of the court can enforce the order for you, like a court judgment, including seizing and selling property.
8. Not paying is a crime. A parent who misses a payment can be prosecuted and jailed for up to one year. If a parent truly has no money, that is a defence, but not if it is because they refuse to work.

Good to know

• An order for a child ends when the child turns 18, marries, is adopted or dies. The court can extend it past 18 if someone applies on the child's behalf.
• If things change, either parent can ask the maintenance officer to change or cancel the order. You must apply on affidavit and give your reasons.
• The paying parent must tell the clerk of the court in writing within 7 days if they change address or job. An employer that is deducting maintenance must report within 7 days if the parent leaves the job.
• If a High Court or divorce order already sets maintenance, you can register it at the maintenance court where the other parent lives. That court can then enforce it.
• If you disagree with the court's decision, you can appeal to the High Court.
• If you can't afford a lawyer, the Legal Aid Directorate helps with maintenance cases.