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In this guide
By Onah Attorneys Inc • Updated July 2026 • Legal information, not a substitute for advice on your specific matter.
There is no fixed formula, table or percentage for child maintenance in South Africa — despite what social media claims. The Maintenance Court applies a two-step method: cost the child’s reasonable needs, then split that cost between the parents in proportion to their means. Understanding the method — and documenting it properly — is the difference between a fair order and years of conflict.
Step 1: Cost the child’s reasonable needs
Everything the child actually costs, monthly: a share of housing (rent/bond, utilities), groceries, clothing, school fees and uniforms, transport, medical aid contributions and out-of-pocket medical costs, extramurals, holidays and entertainment. Courts expect a detailed schedule with proof — bank statements, invoices, school fee accounts. ‘Reasonable’ tracks the family’s standard of living: children of wealthy parents are entitled to more than survival.
Step 2: Split in proportion to means
If the child costs R12,000 monthly, dad earns R40,000 and mom earns R20,000, the split is two-thirds/one-third: R8,000 and R4,000. The caregiving parent’s contribution is partly in kind (housing, time, care). ‘Means’ includes salary, bonuses, rental income, business drawings and the lifestyle a self-employed parent actually displays — courts see through suppressed income declarations regularly.
The hidden battlegrounds
Self-employed parents understating income; new partners’ household contributions; private school versus public school disputes; medical aid shortfalls; whether a parent’s own new children dilute the obligation (they share the parent’s means, not the first child’s entitlement). Each has established case-law answers — and evidence beats assertion in all of them.
Interim orders and urgency
Maintenance enquiries take months; children eat daily. Interim maintenance can be ordered pending finalisation, and in divorce proceedings Rule 43 delivers interim child maintenance within weeks. Never let ‘the case is pending’ justify zero support.
Enforcement: where orders get real
Non-payment is a criminal offence AND civilly enforceable: emoluments attachment orders deduct straight from salary; property and bank attachments follow; defaulters can be blacklisted and denied travel documents in some processes. Arrears don’t prescribe like ordinary debt — decade-old arrears remain claimable, and courts order repayment plans on top of current maintenance.
Frequently asked questions
Until what age is maintenance payable?
Until self-supporting — university-age children retain claims; the duty doesn’t end automatically at 18, the claim just passes to the adult child.
Can maintenance include school fees AND medical aid?
Yes — orders routinely itemise base maintenance plus direct payment of school fees, medical aid premiums and half of extras. Itemised orders reduce future conflict.
My ex earns cash — how do I prove income?
Lifestyle evidence: bank statements subpoenaed, vehicle finance, rent paid, social media, industry salary norms. Courts may impute income to evasive parents.
Can we agree maintenance privately without court?
Yes — but make it an order of court or registered parenting-plan term. Informal agreements are unenforceable when goodwill runs out.
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