How long the maintenance court takes

The 90-day target

The Department of Justice aims to finalise maintenance cases within 90 days. Two things to know:

• The 90 days start when the other parent has been properly served, not on the day you apply. Finding and serving them can take time on its own.
• It is a target, not a right. In its 2024/25 annual report the Department said it finished about 87% to 89% of cases in time. It blamed staff shortages and courts with one magistrate for all family matters.

The Department’s own booklet says it can take several weeks from applying to the first payment, depending on whether both parents co-operate.

What slows a case down

• Finding the other parent. If they have moved, they must be traced before they can be served. See when the other parent won’t come to court.
• Postponements. The Act says they must be few and short, but busy courts still postpone.
• Missing information. If their income is unclear, the officer may need to investigate further.
• Disagreement. A contested enquiry takes longer than a consent order.

Getting money while you wait

If the enquiry is postponed, you can ask for an interim maintenance order. The court can make one if it seems the other parent is liable to pay and the delay would cause you undue hardship. Ask the maintenance officer to raise it at the next court date.

If the other parent ignores the subpoena

If the other parent was properly subpoenaed and doesn’t come, the court can make the order in their absence. This is a default order. They have 20 days from learning of it (or longer, if the court allows) to apply to set it aside, so keep a record of everything that happens.

If your case is dragging

1. Keep your file number, and phone before you go in.
2. Ask the maintenance officer what is holding it up and what you can do: an address, an employer’s name, a phone number.
3. If you have a postponement, ask about an interim order.
4. The Department of Justice call centre is 080 122 9017.

After the order

The first payment is due on the date the order sets. If a payment is 10 days late, you can apply to enforce it. See maintenance arrears and garnishee orders.

Questions parents ask

Is there a legal time limit for a maintenance case?

No. The Act only says enquiries must be as speedy as possible, with few, short postponements. The Department of Justice aims to finish cases within 90 days of proper service.

Can I get maintenance while my case is postponed?

Possibly. Ask for an interim maintenance order. The court can make one if the other parent seems liable and the delay causes you undue hardship.

The other parent didn’t come to court. Now what?

If they were properly subpoenaed, ask the maintenance officer about a default order. The court can make the order in their absence.

I don’t know where the other parent lives. Will my case stall?

The maintenance officer or an investigator can trace them, and the court can direct cellphone networks to give their contact details once other efforts have failed.

Who do I follow up with?

The maintenance officer at your court, using your file number. The Department of Justice call centre is 080 122 9017.

When does the first payment arrive?

On the date set in the order. If a payment is 10 days late, you can apply to enforce it.