What to take to the maintenance court
Take your ID, certified birth certificates for your children, your last three months of bank statements and proof of income, the other parent’s full name and home and work address, and a list of your monthly expenses with proof. If you are divorced, take the divorce order too.
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- The Department of Justice maintenance checklist
- Bank statements
- Your latest 3 months
- Proof of income
- 3 months of payslips, or a letter from your employer
- Missing documents?
- Apply anyway. But bring everything to the hearing
The official checklist
This is the list the Department of Justice gives people applying for maintenance.
- Your ID: green ID book, smart ID card, passport, driver’s licence or permit
- Certified copies of your children’s birth certificates
- Your latest 3 months of bank statements
- 3 months of proof of income (payslips or a letter from your employer)
- The other parent’s full name
- The other parent’s home address and work address
- A list of your income and expenses, with proof (bills, receipts, school and medical costs)
- Your divorce order, if you are divorced
Also helpful
- The other parent’s ID number. Form A asks for it and it makes tracing easier
- The other parent’s phone number and nearest police station
- Any existing court order, parenting plan or written agreement about the children
- The date the other parent stopped paying, and any amounts they did pay
- A list of your assets: property, savings, investments, vehicles
Proof of expenses: what to gather
Form A asks for a monthly budget, split between your own costs and the children’s costs. Bring proof for as many of these as you can:
| Cost | Good proof |
|---|---|
| Rent or bond | Lease or bond statement |
| Food and groceries | Till slips, or bank statement lines |
| Water, lights, airtime, data | Municipal bills, account statements |
| School fees and crèche | School fee statement or invoice |
| Uniforms and stationery | Receipts |
| Childcare or a domestic worker | Payslip, contract or proof of payment |
| Nappies, formula and toiletries | Till slips |
| Medical and dental | Medical aid statement, doctor and pharmacy receipts |
| Transport | Taxi or lift club costs, fuel slips, car instalment |
| Sport and activities | Club fees, invoices |
| Clothing | Receipts |
What the other parent must bring
The other parent (the “respondent”) must bring the same kind of documents: ID, three months of bank statements, proof of income, addresses and expenses. They must also bring copies of any other maintenance orders and the birth certificates of their other children.
If you already have an order and it isn’t being paid
- A copy of the maintenance order
- A statement of the amount unpaid and how you worked it out (you will swear to it at court)
- Bank statements or court payment records that show what was paid, month by month
See how to prove maintenance arrears for the full process.
Missing documents? The Department of Justice says your application will still be registered and given a file number, even if you don’t have every document. But on the hearing date the case will not be postponed because documents are missing. Bring everything to the hearing.
Practical tips
- Bring the originals and a set of copies. Keep one set for yourself.
- If you are self-employed or your income changes month to month, bring more bank statements (six months is a good idea) to show your average.
- Keep every receipt for the children from now on, even small ones. Your claim is only as strong as your proof.
- Sort your papers by month, oldest first. It makes the budget easier to explain.
- Put a total at the bottom of each month’s costs.
- Write down the questions you want to ask the maintenance officer.
Questions parents ask
What if I don’t have all the documents?
Apply anyway. The Department of Justice says missing documents should not stop you completing the J101 application. But bring everything to the hearing, because the case will not be postponed for missing documents.
Do I need the other parent’s ID number?
It helps a lot, and Form A asks for it. If you don’t have it, give as much detail as you can. The maintenance officer can trace the other parent.
How many months of bank statements do I need?
Your latest three months.
What counts as proof of expenses?
Bills, receipts, school fee and medical accounts, and rent or bond statements. Bank statement lines can help for day-to-day costs.
Do my documents need to be certified?
The Department of Justice asks for certified copies of the children’s birth certificates. For everything else, bring the originals and copies.
General information, not legal advice. This guide explains South African law in general terms. It was reviewed by an admitted South African attorney on 25 September 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.