When the other parent says he has no income
The court looks at a parent’s means, not just a payslip. Cash income, bonuses, property and lifestyle all count. The maintenance officer can investigate, subpoena bank records and question people who know about his income. Giving false information is a crime. Social grants can’t be attached, but grandparents can be asked to help if the parents truly can’t pay.
- What counts
- A parent’s means: income, cash work, bonuses and property
- Who investigates
- The maintenance officer and a maintenance investigator
- Records
- Bank statements and business records can be subpoenaed
- Lying
- False information carries the same penalties as perjury
- Grants
- A SASSA grant can’t be attached for maintenance
What the court looks at
Both parents must support their child, each according to their means. The amount must be fair in all the circumstances. “Means” is wider than a salary:
- Cash earnings, even when they come from different places at different times
- Bonuses, commissions and side income
- Property and assets that can produce income
- How the person actually lives: cars, spending, travel
High Court judges have said a payslip tells a court very little unless the person is plainly just a wage earner. For someone who runs a business or works for cash, the court looks behind the payslip.
How the real picture comes out
- The maintenance officer must investigate your complaint. They can take statements and gather information on the other parent’s financial position.
- A maintenance investigator can trace people, serve papers and collect financial information.
- Subpoenas. The maintenance officer can subpoena the other parent, or anyone else, to bring books, documents and bank statements, or a statement of earnings signed by an employer.
- People who know. A magistrate can call in anyone likely to know where he lives, where he works or what he earns, and have them questioned.
Evidence you can give
- His ID number, and his home and work addresses
- The business name, if he runs one, and where he trades
- What you know about his work: the jobs he does, who he works for, what he charges
- Signs of how he lives: a car, a house, travel, big purchases. Screenshots of public social media posts, with the date showing
- Any money he has paid you, and when
Give facts, not guesses. The maintenance officer decides what to follow up.
Lying costs more than paying. Giving false information to a maintenance officer or investigator, or false evidence under oath, carries the same penalties as perjury.
If he really is unemployed
The court still looks at his means and at what is fair. It can make an order that suits what he has now. If his situation improves, you can ask for the order to be increased (see changing a maintenance order). Once an order exists, he must tell the maintenance officer about a new job within 7 days. Not doing so is an offence.
If he doesn’t pay an order, lack of money is no defence when the failure is due to an unwillingness to work or to misconduct.
Grants
- A social grant, including the SRD grant, can’t be attached to pay maintenance. The Social Assistance Act protects it.
- If you care for the child, you may be able to get the child support grant as well as maintenance. SASSA asks for proof of any maintenance you receive, because it counts in the income test.
Grandparents
If the parents can’t support the child, the child’s grandparents can be asked to. The Department of Justice confirms that maintenance can be claimed from a biological grandparent, and a High Court has held that this applies to grandparents on both sides, whether or not the parents were married.
If he won’t take part
If he knew about the subpoena and still doesn’t come, the court can make a maintenance order in his absence. See when the other parent won’t come to court.
Questions parents ask
He says he is unemployed. Can the court still order maintenance?
The court looks at his means and what is fair in the circumstances, not only whether he has a job. The maintenance officer can investigate his finances.
He works for cash. How can I prove his income?
Give the maintenance officer what you know: where he works, what he charges, how he lives. The officer can subpoena bank statements and business records and question people who know about his income.
Can his SRD grant be taken for maintenance?
No. A social grant can’t be attached to pay a court order.
Can I get the child support grant as well as maintenance?
Possibly. SASSA asks for proof of maintenance you receive, because it counts in the grant’s income test.
What if he lies about his income?
Giving false information to the maintenance officer or investigator, or false evidence under oath, carries the same penalties as perjury.
Can I claim from his parents?
If the parents can’t support the child, the grandparents can be asked to. This applies to grandparents on both sides.
General information, not legal advice. This guide explains South African law in general terms. It was reviewed by an admitted South African attorney on 29 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.
Sources
- Maintenance Act 99 of 1998, as amended (sections 6 to 9, 15, 16(4), 31, 33, 34) (PDF)
- Department of Justice: maintenance
- Department of Justice: maintenance FAQ (grandparents)
- FS v ES [2021] ZAGPJHC 487 (cash and bonuses count as means)
- G.R v R.R [2023] ZAGPPHC 111 (a payslip tells little)
- Petersen v Maintenance Officer, Simon’s Town 2004 (2) SA 56 (C) (grandparents)
- Social Assistance Act 13 of 2004 (section 20) (PDF)
- Government: child support grant