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Onah Attorneys Inc • Johannesburg
Child Maintenance Attorneys – Fair Support, Properly Enforced
Every child has a legal right to be supported by both parents — in proportion to their means. Our maintenance attorneys help you claim fair maintenance, defend inflated claims, and enforce orders against parents who simply refuse to pay. We appear regularly in the Randburg, Johannesburg and Roodepoort Maintenance Courts and know exactly what documentation moves these matters quickly.
Call 011 042 8039Free Case AssessmentWhen you need child maintenance attorneys
Claiming maintenance for the first time
A parent who has stopped paying an existing order
Applying to increase maintenance as costs grow
Applying to reduce maintenance after retrenchment or income loss
Claiming arrear maintenance going back years
Maintenance for children over 18 still studying
Emoluments attachment (garnishee) against a defaulting parent’s salary
Maintenance claims against a deceased parent’s estate
How we handle your matter
Financial disclosure
We compile the child’s real monthly costs and both parents’ income and expenses — the foundation of every maintenance ruling.
Application
We lodge the maintenance application at the correct Maintenance Court and prepare you for the enquiry date.
Negotiation & enquiry
Most matters settle at the maintenance officer stage. If not, we argue the formal enquiry before the magistrate.
Order & escalation
We secure an order tailored to actual costs — including school fees, medical aid and extramurals — not just a round number.
Enforcement
Against defaulters we obtain emoluments attachment orders, writs against property, and criminal charges — failure to pay maintenance is an offence.
Fees — transparent, agreed upfront
Maintenance Court proceedings are designed to be accessible, and our involvement is usually a bounded, staged fee. Enforcement steps like garnishee orders are quoted per step so you always know recovery outweighs cost.
Key legislation:
- Maintenance Act 99 of 1998
- Children’s Act 38 of 2005
Frequently asked questions
How is child maintenance calculated in South Africa?
There is no fixed formula. The court divides the child’s reasonable monthly costs between the parents in proportion to their respective incomes and means.
What happens if the father refuses to pay maintenance?
A maintenance order can be enforced by attaching his salary (emoluments attachment), attaching property or bank accounts, and by criminal prosecution — non-payment is a criminal offence.
Can I claim maintenance if we were never married?
Yes. Both biological parents owe a duty of support regardless of marriage. Paternity can be confirmed by DNA test if disputed.
Until what age must I pay child maintenance?
Until the child is self-supporting — not automatically 18. A child in university or unable to support themselves retains the claim.
Can maintenance be reduced if I lose my job?
Yes, but only by applying for a variation — you cannot simply stop paying. Unilateral non-payment builds enforceable arrears.
Can I claim maintenance arrears from years ago?
Yes. Arrear maintenance under an order does not prescribe like ordinary debt, and courts routinely order repayment plans for historic arrears.
Speak to an Attorney Today
Get straight answers about child maintenance attorneys from a firm that fights to win. First consultation — no obligation, full confidentiality.
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