Guides
Guides for South African parents
Plain answers about maintenance, parenting plans and protection orders. Each guide starts with the short answer, then the steps. Start with three free guides. Reviewed by an admitted South African attorney
FreeHow to claim child maintenance in South AfricaWhere to go, which form to fill in, what it costs and what happens next.
MembersWhat to take to the maintenance courtA printable checklist of the documents and proof the court asks for.
FreeHow to prove maintenance arrears, and get them paidWhat the court needs to see, and the ways it can make the other parent pay.
MembersParenting plans in South AfricaWhat a parenting plan covers, when you need one, and how to register it.
Free for everyoneHow to get a protection order, and keep your evidence safeWhere to apply, what happens at court, and how to keep your proof safe.
MembersCo-parenting apps in South Africa, comparedOurFamilyWizard, AppClose, TalkingParents and the local apps, with prices in rand.
MembersGarnishee orders: maintenance paid straight from the salaryHow to have maintenance taken from the other parent’s salary, and what to do if the employer doesn’t pay.
MembersChanging a maintenance order: asking for more, or paying lessHow to ask the court to increase or reduce maintenance, and what you must keep paying meanwhile.
MembersWhen the other parent says he has no incomeUnemployed, self-employed, paid in cash or on a grant: what the court looks at, and how to show the real picture.
MembersWhen the other parent won’t come to maintenance courtSubpoenas, finding him when he has moved, orders made without him, and warrants of arrest.
FreeHow the maintenance amount is worked outThere is no fixed percentage. How the court weighs the child’s needs against each parent’s means, with a worked example.
MembersPaternity and DNA tests at the maintenance courtWhen he says the child isn’t his: presumptions, tests, who pays, and what happens if he refuses.
MembersHow long the maintenance court takesThe steps from application to order, the 90-day target, what causes delays, and how to get money while you wait.
MembersThe maintenance application form (J101), and applying onlineWhich form to use, how to fill it in at home, where to hand it in, and whether you can apply online.
MembersDoes maintenance stop at 18?Why support doesn’t end on a birthday, why payments can’t just stop, and who claims for a child over 18.
MembersMaintenance and contact are separateWhy maintenance can’t stop if contact is refused, why contact can’t stop if maintenance isn’t paid, and what to do instead.
MembersSchool fees and maintenanceWhether fees are inside or on top of the monthly amount, payments straight to the school, and fee exemptions.
MembersDoes maintenance go up every year?When maintenance increases by itself, when it doesn’t, and how to ask for more.
MembersMaintenance while the divorce is still runningInterim maintenance under Rule 43 or Rule 58, or a free claim at the maintenance court, while you wait for the divorce.
MembersCan grandparents be asked to pay maintenance?When grandparents on either side can be liable, what you must show, and how to claim.
MembersUnpaid maintenance and the credit bureausWhen a maintenance defaulter’s details go to the credit bureaus, what triggers it, and where it is working.
General information, not legal advice. These guides explain South African law in general terms. For advice on your own situation, speak to an attorney or Legal Aid South Africa on 0800 110 110.