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How to claim Maintenance? How to claim Maintenance?

Bronze medal Reporter Josily Posted 9 Jul 2019
How to claim Maintenance?


Maintenance is the obligation to supply another person, for example, a minor, with housing, food, clothing, education, and medical care, or with the means that are required for providing the person with these essentials. It is a legal responsibility of both the biological parents, grandparents or legal guardian of the child to give maintenance. You must give maintenance for well-being and upbringing of the child, and consider the provision of food, clothing, accommodation, medical care, and education. And it should be paid until the child is self-supporting. The maintenance amount should be paid every month on the dates agreed upon by both the parties and ordered by the court.

Types of Maintenance

  • Child maintenance
  • Spousal maintenance
  • Cross border maintenance

The parent who is in custody of the child may claim maintenance from the other parent who is responsible or likely to give maintenance. Or in an instance where one spouse would like to apply for support from the other partner where applicable. Maintenance can be taken from the biological grandparent if the parents cannot pay maintenance.

Documents needed to lodge a maintenance claim?

  • The Identity document
  • birth certificate of the child
  • bank statements of both the parents
  • list of the expenses of the child 
  • list of expenses of both the parents,
  • Proof of the applicant’s income and expenditure
  • Name and surname of parent/person responsible for the payment of maintenance money
  • Physical/work address of the parent/person responsible for the payment of maintenance money if available
  • Copy of bank statement
  • Proof of residence/affidavit

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The maintenance clerk will then help you in completing the forms. The Maintenance Clerk will refer your application to the Maintenance Officer for final sorting of your documents. After assessment, the registration of request and reference number will be issued. The Maintenance Officer will arrange a directive calling upon the parties to meet, for the purposes of conducting an inquiry into the alleged complaint. The Maintenance Officer will then conduct an inquiry into the alleged complaint, or conduct mediation with both parties present.

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The Maintenance Officer will organise mediation with both parties to reach an agreement or settlement. When the parties obtain an agreement, the agreement will be made an order of the court. The Maintenance Officer may request them to sign a written consent and have that made an order of the court. The court then makes an order for payment of maintenance according to the agreement between the two parties. If the parties cannot attain an agreement, the matter is then referred to court for a formal inquiry. If you have any issues related to the maintenance, it is better to assist lawyers in South Africa.

Click on the image to read more about ANNULMENT, DIVORCE, AND TYPES OF DIVORCE

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