18/08/2026
LEGAL INSIGHT
“I pay maintenance, but I am not allowed to see my child, do I still have to pay?”
“The other parent is not contributing financially towards our child, what legal steps can I take?”
These are some of the frequently asked questions we attorneys receive from parents.
When dealing with children, it is important to understand that the law recognises that children have rights, and parents have both rights and responsibilities.
Parental Care & Child Maintenance: Understanding Your Legal Responsibilities
What are parental responsibilities and rights?
The Children’s Act 38 of 2005 recognises that parental responsibilities and rights include:
Caring for a child
Maintaining contact with a child
Acting as a guardian
Contributing towards the maintenance of a child
These responsibilities exist to promote the wellbeing and best interests of the child.
What does child maintenance mean?
Child maintenance is the legal obligation of parents to contribute towards the reasonable needs of their child.
This may include expenses relating to:
• Food
• Clothing
• Accommodation
• Education
• Medical care
• Other needs necessary for the child’s upbringing
Parents contribute according to their respective financial means and circumstances.
Does a maintenance dispute affect contact with a child?
A common misconception is that maintenance and contact are linked.
They are separate legal issues.
A parent’s failure to pay maintenance does not automatically remove their right to have contact with their child, and a dispute regarding contact does not automatically remove the responsibility to contribute towards the child’s maintenance.
The guiding principle in all matters concerning children is the best interests of the child, as recognised by section 28 of the Constitution of South Africa.
A reminder for parents
Children’s rights are at the centre of these matters. Parenting responsibilities are not only about financial support, they also involve care, involvement and acting in the child’s best interests.
This post provides general legal information and does not constitute legal advice. Every matter depends on its own facts and circumstances.
Ralehoma Attorneys
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