Does maintenance go up every year?
Only if your order says so. Many orders include a yearly increase linked to inflation. If yours doesn’t, the amount stays the same until a court changes it, and the old amount must still be paid in the meantime. You can apply for an increase, or agree one and have it made a court order.
- Automatic yearly increase?
- Only if the order includes one
- Apply for an increase
- Form B (J107), showing good cause (s6(1)(b))
- Agree an increase
- Apply on Form B and hand in the written consent, so it becomes a consent order (s17, Form G J214)
- While you wait
- The old amount must still be paid
- Cost
- Free at the maintenance court
Check your order for an increase clause
Look for words like “escalate”, “increase annually”, “CPI” or “inflation”. A clause like this raises the amount each year by itself, usually on the anniversary of the order, by the inflation rate or a set percentage.
If there is no clause, nothing changes by itself. The amount stays the same, year after year, until a court changes it.
Applying for an increase
- Go to the maintenance court and apply on Form B (J107).
- Show that there is good cause to change the order. Courts look at the facts of each case.
- Bring proof: the child’s costs now (with slips), anything that has gone up (school fees, transport, medical aid), your income, and anything you know about the other parent’s income now.
- The process then runs like a first claim: investigation, a meeting, and a consent order or a court enquiry.
The amount is shared according to what each parent can afford. If the other parent’s income has gone up, that matters too. See how the amount is worked out.
Is inflation alone enough?
There is no rule that inflation alone does or doesn’t justify an increase. A court decides on the facts. Your case is strongest with proof that the child’s actual costs have gone up.
Agreeing an increase
If you and the other parent agree on a new amount, still apply on Form B (J107), and give the maintenance officer your written consent on Form G (J214). The court can then make it a consent order without either of you being there. A private agreement that isn’t made an order is hard to enforce.
Meanwhile
- The old order stands until the court changes it. The old amount must still be paid, and not paying is an offence.
- Don’t wait long to apply. An increase is not automatically backdated.
For more, see changing a maintenance order.
Questions parents ask
Does maintenance increase automatically every year?
Only if your order includes an increase clause. Otherwise the amount stays the same until a court changes it.
How do I ask for more maintenance?
Apply to the maintenance court on Form B (J107), with proof of the child’s current costs.
Can we just agree on a new amount?
Yes. Apply on Form B (J107) and hand in your written consent on Form G (J214), so the court can make it a consent order that can be enforced.
Is inflation enough reason for an increase?
Possibly, but it isn’t guaranteed. Bring proof of the child’s actual increased costs.
Can the other parent pay less while the application is running?
No. They must keep paying the amount in the existing order.
Will the increase be backdated?
Not automatically. Apply promptly.
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.