How to prove maintenance arrears, and get them paid

Build your arrears statement

The court needs to see what was due, what was paid and what is short, month by month. A simple table works well:

Back up every line with proof:

• your bank statements showing what came in, and when;
• court payment records, if payments go through the court;
• receipts for costs the order says the other parent must pay (school fees, medical);
• a copy of the order, so the court can check the amounts.

Step by step

1. Wait until a payment is 10 days late. After that you can apply to the maintenance court where you live.
2. Fill in Form K (J306). You give the date of the order, the amount outstanding and how you worked it out. You also give what you know about the payer’s employer, income, property and where they are.
3. Attach a copy of the order and your arrears statement, and swear to the amount in front of the court official.
4. The court decides how to recover the money. The maintenance officer or investigator must help you.

How the court can make them pay

The payer can ask the court to set aside or change these orders, with 14 days’ notice to you.

The criminal route

Not paying maintenance under a court order is a crime. You can lay a complaint at the maintenance court on Form Q (J470).

• The penalty is a fine or up to 3 years in prison.
• “I have no money” is not a defence if the payer chose not to work.
• On conviction, the court can also order the arrears and interest to be paid, and order money to be taken from their salary.
• The Department of Justice says a warrant of arrest can be issued when a payer fails to comply with the order.

Will they be blacklisted?

The Maintenance Act says a defaulter’s details must be sent to credit bureaus when an enforcement order is granted or when they are convicted. In practice this took years to start. The Department of Justice began a pilot in July 2025 at 10 Gauteng courts. We could not confirm that it runs nationally yet. Ask your court whether it applies there.

Do maintenance arrears expire?

Arrears under a court order are a judgment debt. In Arcus v Arcus (2022), the Supreme Court of Appeal held that these only prescribe (expire) after 30 years, not the usual 3 years. Arrears under an informal agreement that was never made a court order may expire after 3 years. If you have an informal agreement, it is worth making it a court order.

If the payer moves, leaves the country or dies

• The payer must tell the maintenance officer within 7 days of moving house or changing jobs. Not doing so is a crime.
• South Africa can enforce maintenance with more than 30 other countries. Legal Aid SA says this can take about a year.
• If the payer dies, future maintenance can be claimed from their estate.

Questions parents ask

How soon can I act if a maintenance payment is missed?

Once a payment has been unpaid for 10 days, you can apply to the maintenance court for enforcement. You can also lay a criminal complaint.

What do I need to prove maintenance arrears?

A copy of the maintenance order and a sworn statement of the amount owed and how you calculated it (Form K, J306). Bank statements or court payment records back it up.

Can someone go to jail for not paying maintenance?

Yes. Not paying under a maintenance order is a crime, with a fine or up to 3 years in prison. Having no money is not a defence if the person chose not to work.

Will a maintenance defaulter be listed at the credit bureau?

The law says so, after an enforcement order or a conviction. A pilot started at 10 Gauteng courts in July 2025. National rollout is not confirmed, so ask your court.

Do maintenance arrears prescribe?

Arrears under a court order are a judgment debt and generally last 30 years (Arcus v Arcus, 2022). Arrears under an informal agreement may prescribe after 3 years.