Unpaid maintenance and the credit bureaus
Since 2018 the Maintenance Act says a defaulter’s details must be sent to the credit bureaus when the maintenance court grants an enforcement application against them, or when they are convicted of not paying. You don’t ask for a separate listing order. It follows by law, though it is only working at some courts so far.
- After an enforcement order
- Details must go to the credit bureaus (s26(2A))
- After a conviction
- Details must go to the credit bureaus (s31(4))
- In force since
- 5 January 2018
- When you can apply to enforce
- Once a payment is 10 days late: Form K (J306)
- Where it is running
- A pilot at 10 Gauteng courts since July 2025
What the law says
Two sections of the Maintenance Act, inserted or replaced by the 2015 amendment and in force since 5 January 2018, deal with this:
- Section 26(2A): when the court grants an application to enforce a maintenance order, the maintenance officer or clerk must send the defaulter’s details and a copy of the order to businesses that grant credit or do credit rating.
- Section 31(4): when someone is convicted of not paying maintenance, the maintenance officer must send their details to the same businesses.
The law says this “shall” happen. It is not a separate order you have to ask for.
What triggers it
- A payment under the order is at least 10 days late.
- You apply to enforce the order on Form K (J306), with a sworn statement of what is owed.
- The court grants a warrant of execution, a salary attachment or a debt attachment.
- The defaulter’s details should then be sent to the credit bureaus.
A criminal conviction for not paying maintenance also triggers it. The criminal complaint form is Form Q (J470).
Where it is working
The law has been in force since 2018, but it needed a way to send the details. On 1 November 2024 the Department of Justice signed an agreement with the Consumer Profile Bureau and the Social Justice Foundation for a “Maintenance Online Listing of Defaulters” project. A pilot started in July 2025 at 10 Gauteng courts: Thembisa, Pretoria, Johannesburg, Soweto, Palm Ridge, Tsakani, Daveyton, Atteridgeville, Ga-Rankuwa and Temba.
We found no confirmation that it has been rolled out nationally. Ask the maintenance officer at your court whether listings are being sent.
What it means for the defaulter
A listing goes on the defaulter’s credit profile, which can make it harder to get loans, accounts or credit. It doesn’t cancel what is owed. The arrears must still be paid.
What you can do
- Keep a month-by-month record of what was due and what was paid.
- Apply to enforce once a payment is 10 days late. See maintenance arrears and garnishee orders.
- After an enforcement order, ask the maintenance officer to confirm the details were sent.
Questions parents ask
Do I need to ask the court for a listing?
No. Once an enforcement application is granted, or the defaulter is convicted, the law says their details must be sent to the credit bureaus.
How soon can I apply to enforce?
Once a payment is 10 days late, on Form K (J306).
Is this happening at my court?
It is confirmed at 10 Gauteng pilot courts since July 2025. Ask the maintenance officer at your court.
Does a criminal conviction also lead to a listing?
Yes. Section 31(4) requires it.
Does a listing wipe out what is owed?
No. The arrears must still be paid.
When did this become law?
The sections came into force on 5 January 2018.
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.