How Much Should a Father Pay for Child Maintenance In South Africa?

A father’s child maintenance obligation in South Africa is governed by the Maintenance Act 99 of 1998 and is calculated against the needs of the child balanced against the paying parent’s means — there is no fixed statutory amount, but a widely used guideline is roughly one-third of take-home pay for one child, scaling up for two or more children. A Maintenance Court order sets the amount; the mother (or any primary caregiver), the child themselves through a guardian, or the Department of Social Development’s Maintenance Officer can apply at the Magistrate’s Maintenance Court in the district where the child lives. The duty applies whether or not the parents were married, and can continue past age 18 where the child is still in full-time education, tertiary study, or unable to support themselves because of illness or disability.

The Legal Basis: Who Owes Child Maintenance and Under Which Act

The duty to maintain is rooted in the common law and codified in the Maintenance Act 99 of 1998, read with the Children’s Act 38 of 2005 and the Constitution’s best-interests-of-the-child standard in section 28. Both biological parents owe a joint and several duty to maintain — the obligation does not depend on the parents being married.

An unmarried father registered on the child’s birth certificate is treated like a married father for maintenance purposes. A father who is not on the birth certificate may still be held liable once paternity is established, often through a court-ordered DNA test. The duty can extend beyond the age of majority (18) where the child is still a dependent — for example, still in full-time or tertiary education or unable to support themselves because of illness or disability.

For Gauteng-based matters, the relevant court is the Magistrate’s Maintenance Court in the district where the child ordinarily lives — not where the father lives. Common Gauteng Maintenance Courts include those at the Randburg, Johannesburg, Roodepoort, Pretoria, and Sandton magistrates’ courts, together with the regional courts serving the East Rand and Ekurhuleni. Burger Huyser Attorneys fields maintenance matters through its Family Law practice across all eight Gauteng branches, so a maintenance enquiry can be opened at whichever office is most convenient for the parties — Randburg (Linden HQ), Sandton, Centurion, Pretoria (Menlyn), Bedfordview, Alberton, Roodepoort, or Midrand — with the firm then handling the drafting, correspondence with the Maintenance Officer, and any hearing that follows.

How the Amount Is Calculated

There is no fixed statutory amount — each order is set by the court against the facts of that household. The Maintenance Court takes into account:

• The child’s needs — food, clothing, housing, school fees, medical, essentials.
• The paying parent’s actual means — gross income less reasonable deductions (tax, UIF, pension, medical-aid).
• The financial position of the caregiver — under section 16 of the Maintenance Act, the caregiver’s own income can be considered.

A widely cited guideline (used informally by Maintenance Courts and family lawyers) is set out in the table below. These are guidelines, not legal maxima — courts can depart from them when the actual facts warrant a different outcome.

Number of Children	Guideline Share of Take-Home Pay
1 child	Roughly one-third of take-home pay
2 children	Roughly two-fifths of take-home pay
3 or more children	Roughly half of take-home pay

Where income is irregular or the paying parent is self-employed, the court averages income over a defined period rather than relying on a single month’s slip.

What Counts as Child Maintenance

Not every expense is treated as maintenance. The table below summarises how the courts typically categorise common claims.

Item	Counts Toward Maintenance?
Food, clothing, shelter	Yes — core needs
School fees, uniforms, stationery	Yes — educational needs
Medical aid and out-of-pocket medical costs	Yes — health needs
Extramural activities	Case-dependent — discretionary, evidence-based
Gifts and holidays	No — not core maintenance
Caregiver’s personal expenses	No — separate care-and-contact argument
Maintenance for a child over 18 in tertiary education	Yes, where the child is still dependent

Where to Apply: The Maintenance Court

Maintenance is governed by the Magistrate’s Maintenance Court in the district where the child ordinarily lives. A person who can apply includes the caregiver, the child (through a guardian), the father himself, or the Department of Social Development’s Maintenance Officer on behalf of the State.

The application is lodged with the clerk of the Maintenance Court on the prescribed forms (notably Form A / J101); the matter is first set down for enquiry before a Maintenance Officer, and only escalated to a Magistrate’s order where parties cannot agree.

Documents typically required for the first enquiry are listed below.

Required Document	Purpose
Child’s unabridged birth certificate	Confirms identity, parenthood, and the child’s age
Both parties’ identity documents	Identifies the caregiver and the paying parent
Proof of income for the paying parent	Recent payslip, IRP5, or three months’ bank statements
Existing divorce order or maintenance order	Confirms prior orders or settlements already in force

Modifying an Existing Maintenance Order

Either parent can apply to vary an existing order (up or down) if circumstances have changed materially. Common triggers for a downward variation are job loss, demotion, the birth of another child, or long-term illness. Common triggers for an upward variation are rising school fees, increased medical costs, or the child’s needs changing at a new school stage.

Variation is not automatic — a new application must be lodged on the prescribed form. Until a variation is granted, the existing order remains due — arrears continue to accrue and cannot be written off simply because income has dropped. The Department of Justice and Constitutional Development advises that either party may apply for an increase or decrease, and that the recipient applies where the child resides while the payer applies where the original order was made.

Enforcement: When Payments Fall Behind

A maintenance order can be enforced through several routes set out in the Maintenance Act:

• Garnishee order on the defaulter’s salary (an automatic deduction by the employer, formally called an Emoluments Attachment Order under the Maintenance Act, 1998).
• Attachment of bank accounts or moveable property.
• Suspension of a passport where arrears have built up.
• Blacklisting on the Department of Justice’s maintenance register and at credit bureaus (a Memorandum of Understanding on sharing maintenance default information with credit bureaus was signed in November 2024).

Section 25 of the Maintenance Act makes persistent non-payment a criminal offence — penalties range from fines to imprisonment for up to one year per default, with the option of suspending the sentence on conditions such as paying off the arrears.

Choosing the Right Approach

Maintenance disputes turn on documentary evidence — payslips, bank statements, birth certificates, and prior orders carry far more weight at a Maintenance Officer enquiry than unsupported allegations. A family law practitioner who regularly appears at the local Maintenance Court will know which documents the enquiry expects, how to present the caregiver’s expenses as a structured schedule, and how to put a credible variation case together when circumstances have changed. Burger Huyser Attorneys’ Family Law team — led at director level by Anna-Mi Nel as Head of Family Law and co-Director of the Sandton branch — handles maintenance applications, variations, and enforcement across all eight Gauteng branches, so the matter can be opened at the office nearest to where the parties live.

Frequently Asked Questions

Is there a fixed amount a father must pay for child maintenance in South Africa?

No — there is no fixed statutory amount. Maintenance is set by a court order based on the needs of the child and the paying parent’s means. A commonly cited guideline is roughly one-third of take-home pay for one child, scaling upward for two or more children, but these are guidelines, not legal maxima, and the court will always look at the actual facts.

Does an unmarried father have to pay maintenance?

Yes — the duty to maintain applies to both biological parents regardless of marital status. An unmarried father who is registered on the child’s birth certificate is liable in the same way as a married father. A father who is not on the birth certificate can still be held liable once paternity is established, often through DNA testing.

How long must a father pay maintenance — does it stop at 18?

The duty continues until the child is self-supporting. Where the child turns 18 but is still in full-time education, tertiary study, or unable to support themselves because of illness or disability, the maintenance obligation continues. Many university-aged children remain entitled to maintenance from both parents.

What happens if a father loses his job or his income drops?

He must apply to the Maintenance Court to vary (reduce) the existing order on the basis of changed circumstances. The court will look at his actual current means, including any part-time or freelance work. Maintenance does not reduce automatically simply because income drops — until a variation order is granted, the existing amount remains due and arrears can build up.

Can a father be sent to jail for not paying maintenance?

Yes — persistent non-payment is a criminal offence under section 25 of the Maintenance Act 99 of 1998. A defaulter can be fined or sentenced to imprisonment, and the court also has civil enforcement tools: garnishee orders on salary, attachment of bank accounts or property, suspension of a passport, and blacklisting on the Department of Justice’s maintenance register.

Can a father who believes he is not the biological parent challenge the maintenance order?

Yes — paternity can be disputed in the Maintenance Court, and the court can order DNA testing. Where paternity is ruled out, an existing maintenance order can be rescinded or varied. The application is handled by the Maintenance Court that originally issued the order.

For either parent navigating a child maintenance issue — setting, varying, or enforcing a maintenance order — Burger Huyser Attorneys’ Family Law team can advise on the legal position, draft the application, and represent you at the Maintenance Court enquiry. The firm practises across all its Gauteng branches; start with the branch that suits you geographically — Randburg (Linden) head office 011 888 0246, Bedfordview 011 201 7190, Centurion 012 644 4990, Alberton 011 439 3990, Sandton 011 253 3080, Roodepoort 011 668 0030, Pretoria (Menlyn) 012 471 5700, or Midrand 010 022 4082. Bring the child’s birth certificate, the parties’ identity documents, recent proof of the paying parent’s income, and any prior court order to the first consultation. The firm carries a 4.8/5 average across 250+ Google reviews (Trustindex verified “Top Rated Law Firm in South Africa”).