Child maintenance in South Africa: What you need to know

Seventy years after 20,000 women marched for equal rights, South African mothers are continuously facing the challenge of getting fathers to legally provide their monthly child maintenance payments.

The 2024 State of South Africa's Fathers (SOSAF) report revealed that 64.5% of children in the nation do not live with their biological fathers. Single mothers lead 42%-45% of South African households, according to the 2024 report.

Under the Maintenance Act 99 of 1998, both parents must support their children proportionally according to their financial means.

To lodge a formal maintenance claim, applicants must first request and complete Form A (J101) to initiate a brand-new maintenance inquiry, and present the following documents at the magistrate's court:

Required documents for initiating a child maintenance application in South Africa.

When a magistrate issues a maintenance order, the court dictates how the financial support must be paid. South African law provides three main payment methods:

If a father falls into arrears after the court grants a maintenance order, his failure to comply constitutes a criminal offence under South African law.

In this case, the mother can then approach a maintenance officer to apply for a warrant of execution to seize his property, seek an attachment of debt, or pursue criminal charges that could result in a fine or imprisonment.