17/07/2026
Child Maintenance: Who Pays and How Much?
When relationships end, ensuring a child’s lifestyle remains stable is a priority. Yet, child maintenance is one of the most contested aspects of family law in South Africa.
Here is a quick, professional breakdown of how the law actually works:
1. Who is legally obligated to pay?
Both parents: Under the Maintenance Act, both biological parents have a legal duty to support their child according to their respective financial means.
Irrespective of contact: You cannot withhold maintenance if the other parent denies you access, and you cannot deny access if they fall behind on payments. The two rights are entirely separate in South African law.
Beyond age 18: The duty to pay does not automatically stop when a child turns 18; it continues until the child becomes self-supporting (e.g., finishes tertiary education).
2. How is the amount calculated?
There is no fixed percentage or flat rate. South African courts use a formula based on proportional income and the reasonable needs of the child:
Parent's Contribution = Parent's Gross Income/Total Combined Gross Income of Both Parents x Child's Total Monthly Needs
Step 1: Determine the child's specific monthly needs (housing, food, schooling, medical aid).
Step 2: Look at what each parent earns. If one parent earns 70% of the total combined income, they are generally responsible for covering 70% of those calculated needs.
⚠️ Important Update: The Department of Justice has intensified enforcement measures. Maintenance defaulters risk having their assets attached, salaries garnisheed, or even being blacklisted at credit bureaus.
If you are navigating a maintenance dispute, trying to secure fair support, or need to apply for a variation order due to a change in financial circumstances, our dedicated family law team is here to guide you through the process cleanly and efficiently.
Contact us today for expert legal counsel.