Maintenance

Maintenance is the obligation to provide another person, for example a minor, with housing, food, clothing, education and medical care, or with the means that are necessary for providing the person with these essentials. This legal duty to maintain is called ‘the duty to maintain’ or ‘the duty to support'.

The duty to maintain is based on blood relationship, adoption, or the fact that the parties are married to each other.

A child must be supported or maintained by:

  • his or her parents, whether married, living together, separated or divorced, including parents who have adopted the child; and/or
  • his or her grandparents, whether or not the child's parents were married to each other. However, this varies from one case to another.
  • The duty to support a family member is not limited to supporting a child. Any family member, irrespective of his or her age, can ask any family member to support or maintain him or her, provided that the following two conditions are met:
    • The family member who claims support is unable to maintain himself or herself.
    • The family member from whom maintenance is claimed is able to afford the maintenance that is claimed.
    • The main requirement of the means test is that the person who is liable to pay maintenance must have MEANS and the maintenance claimed must be REASONABLE.

Services:

Legislation:
Follow this link to view the Act and Regulationspdf

Forms:
Follow this link to view all the relevant maintenance forms

Articles:

Pamphlets:

Contact details:
Chief Directorate: Promotion of the Rights of Vulnerable Groups
Name: Ms Mabel M Khoza
Designation: Legal Administration Officer
Tel No: 012 315 1858
e-mail: makhoza@justice.gov.za

Directorate: Gender Issues
Tel: 012 315 1670
Fax: 012 315 1960

FAMILY

- Home
- Family Advocate
- Maintenance
- Children's Act
- Vulenrable Groups
- Guardian's Fund