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Maintenance Videos
Every Magistrate’s Court in South Africa is also a Maintenance Court, which deals specifically with maintenance issues. Every Maintenance Court has a maintenance officer, who has special powers to deal with maintenance problems. The services of the Maintenance Court are free to those who need maintenance. The state pays for everything that needs to be done to ensure that those in need receive the support that is due to them. However, if you decide to employ a lawyer, you will have to pay for his or her services. The procedures of the Maintenance Court are fairly simple and easy to follow, and you shouldn’t really need the help of a lawyer. But you may wish to employ a lawyer if the maintenance debtor has done so.
If you are a single parent (or are separated from your spouse), and the other parent of your child is refusing to pay you support, your first step is to lay a complaint with the Maintenance Court. Go to the nearest Magistrate’s Court and ask to see the maintenance officer, who will help you lodge your complaint.
You will need to bring along:
Your identity document
Your child’s birth certificate
A payslip to show what you earn
Bills and receipts to prove the living expenses of yourself and your child (for example, rent, school fees, groceries, transport costs and medical bills)
The name of the other parent, and as many details as you can provide about him or her, including address, place of work, occupation, income and property
A recent photograph of the other parent, if you have one. The maintenance officer will need all this information in order to help you fill out the form so that you can lodge a complaint. If you do not keep precise details of your living expenses, you can still claim for maintenance. The court will look at the reasonable needs of your child when determining maintenance.
