Can grandparents be asked to pay maintenance?
Yes, but only as a backup. Parents must support their child first. If the parents can’t, grandparents on either side who can afford it may have to help, whether or not the parents were married. You claim at the maintenance court on Form A (J101), naming the grandparent.
- Who pays first
- The parents
- When grandparents can be liable
- When the parents are unable to support the child
- Which grandparents
- Both sides, married parents or not (Petersen, 2003)
- Means test
- The child needs support, and the grandparent can afford it
- How to claim
- Form A (J101) at the maintenance court; free
Parents first, grandparents as backup
The duty to support a child falls first on both parents. Grandparents have a duty too, but it only comes in when the parents can’t support the child.
The test is whether the parents are unable to pay, not whether a parent is unwilling. If a parent can pay but won’t, the answer is to enforce against that parent. See maintenance arrears and when the other parent says they have no income.
Both sides of the family
Maternal and paternal grandparents can both be liable. In 2003 the Cape High Court held, in Petersen, that the father’s parents are liable for a child born outside marriage to the same extent as the mother’s parents. Before that, the old rule treated children born outside marriage differently.
What has to be shown
- The child needs support the parents can’t provide.
- The grandparent can afford to help.
The maintenance officer investigates whether the parents are unable to pay. A Western Cape High Court judgment in 2014 said you don’t first need an order against the parent before claiming from a grandparent, but you do need to show the parents can’t cope. An earlier Gauteng judgment took the opposite view, so the point is not settled everywhere.
How to claim
- Go to the maintenance court where you or the child lives.
- Apply on Form A (J101), naming the grandparent as the person who should pay.
- Bring proof of the child’s costs, and what you know about the parents’ and grandparent’s means.
It is free and you don’t need an attorney. A grandparent can oppose the claim, for example by showing the parents can pay or that they can’t afford it.
When a grandparent is raising the child
A grandparent who has the child in their care can apply for maintenance from the parents, on the same form.
Questions parents ask
Do I first need an order against the other parent?
Not necessarily. A 2014 Western Cape High Court judgment said no, though an earlier Gauteng judgment disagreed, but you must show the parents are unable to support the child.
Which grandparents can be asked to pay?
Both sides. Since Petersen (2003), this applies whether or not the parents were married.
The other parent won’t pay. Can I go to their parents?
Only if the parent can’t pay. If they can pay but won’t, enforce the order against them.
Where do I apply?
At the maintenance court where you or the child lives, on Form A (J101).
Does it cost anything?
No. Applying at the maintenance court is free.
I am a grandparent raising my grandchild. Can I claim?
Yes, from the parents, at the maintenance court.
General information, not legal advice. This guide explains South African law in general terms. It was reviewed by an admitted South African attorney on 1 October 2026, but the law and court practice change, and every case is different. For advice on your own situation, speak to an attorney or Legal Aid South Africa on 0800 110 110.