Guide for South African parents

School fees and maintenance

Reviewed by an admitted South African attorneyLast reviewed 1 October 20266 min read

The short answer

It depends on what your order says. By law, maintenance includes education, so fees can be part of the monthly amount, or the order can split them separately, for example as a percentage paid straight to the school. If your order doesn’t deal with fees and the amount no longer covers them, you can apply to change it.

Is education part of maintenance?: Yes (Maintenance Act s15(2))
Paying the school directly: The court can order payment to a school or other institution (s16(1)(a)(i))
Order doesn’t cover fees: Apply to change it on Form B (J107)
Who owes public school fees: Both parents. The school can claim from either
Fee exemption: Apply to the school every year; you can apply on your own income if the other parent won’t give theirs

Education is part of maintenance

The Maintenance Act says a child’s maintenance covers what the child reasonably needs, including food, clothing, accommodation, medical care and education. The cost is shared between the parents according to what each can afford.

Inside or on top? Read your order

One monthly amount: fees are meant to come out of it. If fees have gone up, the amount may no longer be enough.
Amount plus a share of fees: for example, R2,000 a month plus half the school fees. Many orders split fees, uniforms, stationery, transport and extra-murals this way.
Paid to the school: the court can order the other parent to pay the school directly.

Look for words like “school fees”, “education costs” or “extra-mural activities” in your order or parenting plan.

If your order doesn’t cover the fees

Get the school’s fee statement for the year, and the costs of uniforms, books and transport.
Work out what the monthly amount actually covers now.
Apply to the maintenance court to change the order on Form B (J107). Ask for the fees to be paid as a share, or straight to the school.
Keep paying the fees you can, and keep every slip. Until the court changes the order, the old amount stands.

Apply early, ideally before January, because a case can take several weeks. See changing a maintenance order.

The school can claim from both parents

At a public school, both parents are liable for school fees unless they are exempted. The Supreme Court of Appeal has held that the school can claim the full amount from either parent. So the school can pursue the other parent too, not only you.

Public school fee exemptions

You apply to the school’s governing body every year. It must decide within 30 days, and you can appeal within 30 days.
The test uses both parents’ income. If the other parent won’t give their income, the Supreme Court of Appeal allowed an exemption to be decided on the applying parent’s income alone, while the school can still pursue the other parent.
Before suing for unpaid fees, the school must check whether you qualify for an exemption.
No-fee schools charge no fees, so exemptions don’t apply there.

Private schools

Exemptions don’t apply to private schools. What you owe depends on your contract with the school. Whether the other parent must contribute depends on the maintenance order and both parents’ means.

Questions parents ask

Are school fees part of maintenance?

Yes. By law, maintenance includes education. Whether fees are inside the monthly amount or paid on top depends on your order.

Can the court order the other parent to pay the school directly?

Yes. The court can order payment straight to a school or other institution.

Our order doesn’t mention school fees. What can I do?

Apply to change the order on Form B (J107), with the school’s fee statement and your other costs.

Can the school claim fees from the other parent too?

Yes. At a public school both parents are liable, and the school can claim the full amount from either.

The other parent won’t give their income for the exemption form. Can I still apply?

Yes. The Supreme Court of Appeal allowed an exemption on the applying parent’s income where the other parent won’t give theirs. The school can still pursue them.

Do I have to apply for an exemption every year?

Yes.

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.