Child Maintenance in South Africa: What Should You Pay?
One of the most common questions parents ask after separation or divorce is: How much child maintenance should I pay?
There is no fixed amount that applies to every family. Child maintenance is calculated according to the reasonable needs of the child and the financial circumstances of both parents.
Understanding how maintenance works can help parents reach a fair agreement and avoid unnecessary conflict.
What Does Child Maintenance Cover?
In South Africa, both parents have a legal duty to support their children according to their respective means.
Maintenance may include contributions towards:
- Food and household expenses
- Accommodation, electricity and water
- Clothing and personal care
- School fees, uniforms and stationery
- Medical aid and healthcare expenses
- Transport and extracurricular activities
- Other reasonable expenses relating to the child’s needs
The purpose of maintenance is to ensure that the child’s reasonable needs are met, taking into account the family’s circumstances and standard of living.
How Is Child Maintenance Calculated?
There is no official formula that automatically determines the amount payable.
The starting point is to establish the child’s reasonable monthly expenses. Shared household expenses, such as rent, electricity and groceries, should also be considered.
Both parents’ financial positions are then assessed, including their incomes, necessary living expenses and available resources.
A parent who earns more may be expected to contribute a greater proportion of the child’s expenses. However, the calculation depends on the particular circumstances of the family.
Must Both Parents Contribute?
Yes. Both parents have a duty to support their children according to their respective financial means.
This duty does not automatically end because the parents divorce, because one parent has primary care of the child, or because one parent earns significantly more than the other.
A parent who is unemployed is not automatically exempt from maintenance. The court may consider that parent’s ability to earn an income and the reasons for their unemployment.
Until What Age Must Child Maintenance Be Paid?
The duty to support a child generally continues until the child becomes self-supporting. Reaching the age of 18 does not automatically bring the duty to an end.
Depending on the circumstances, maintenance may continue while an adult child remains financially dependent, for example while completing their education or because of illness or disability.
What Happens If a Parent Refuses to Pay?
If parents cannot agree on maintenance, an application may be brought through the Maintenance Court.
Where a maintenance order is already in place and a parent fails to comply, the affected parent may seek enforcement through the appropriate legal process.
If circumstances change substantially, either parent may apply to have the maintenance order increased, decreased or discharged, depending on the circumstances and applicable law.
Can Child Maintenance Be Resolved Through Mediation?
Yes. Where both parents are willing to engage constructively, mediation can help them agree on a practical maintenance arrangement without the stress and expense of contested proceedings.
A mediator can assist parents to identify the child’s expenses, exchange financial information and discuss how costs should be shared.
Once an agreement has been reached, the parents can consider having it made an order of court where appropriate. Mediation does not replace the court process where an enforceable order or judicial decision is required.
Need Help With Child Maintenance?
At Van Rooyen Attorneys & Mediators, we assist parents with maintenance agreements and family law matters.
Whether you need to establish maintenance, review an existing arrangement or resolve a disagreement with your former partner, obtaining advice early can help you understand your options.
Contact us to discuss child maintenance mediation and legal assistance in Randburg and Johannesburg.
