How Is Child Maintenance Calculated in South Africa?
South Africa has no fixed formula or percentage for child maintenance. The maintenance court works out what your child reasonably needs each month, then divides that amount between both parents according to what each can afford. The paying parent’s share becomes the amount in the maintenance order. That rule comes straight from section 15 of the Maintenance Act 99 of 1998, which describes supporting a child as an obligation the parents have “incurred jointly”, with each parent’s share “apportioned between them according to their respective means”. In practice, that means two things drive the final figure: the child’s real monthly costs and the gap between the two parents’ incomes. What Child Maintenance Covers Under South African Law The Maintenance Act defines a parent’s duty as the support a child “reasonably requires for his or her proper living and upbringing”. It lists food, clothing, accommodation, medical care and education as part of that support. Those five items are the starting point, but they are not a closed list. In practice, a child’s reasonable needs usually include: School fees, uniforms, stationery and school outings Aftercare or childminding while the primary caregiver works The child’s portion of rent or bond payments, groceries, water and electricity Medical aid contributions and costs medical aid does not cover Transport to school and activities Extramural activities, where the family could afford them before the split The word “reasonably” does a lot of work. A magistrate in Pretoria is unlikely to approve private school fees for a child who has always attended a public school, unless both parents can clearly afford the change. The court looks at the lifestyle the child is used to and what the parents earn, then asks whether each expense fits that picture. The duty applies to both parents regardless of their relationship, including parents who never married or lived together. How Child Maintenance Is Calculated, Step by Step Most maintenance claims follow the same logic. You first work out the child’s total monthly needs, then split that total between the parents in proportion to their incomes. The first part is where most disagreements start. Many of a child’s costs are shared household costs, so you cannot simply point to the rent and say it belongs to the child. A common way of dealing with this is to divide each household expense by the number of people living in the home. With one parent and one child in the house, the child carries half of each shared cost. Costs that belong only to the child, such as school fees, are counted in full. The second part applies section 15 directly. Suppose the parent the child lives with earns R24 000 a month after tax and the other parent earns R36 000. Together they earn R60 000, so the first parent carries 40% of the child’s costs and the second parent carries 60%. Here is how that works for a hypothetical child living with one parent: Expense Household monthly cost Child’s share Rent R9 000 R4 500 Groceries and toiletries R6 000 R3 000 Water and electricity R2 000 R1 000 School fees R2 500 R2 500 Medical aid (child dependant) R1 200 R1 200 Clothing R800 R800 Total R13 000 With a 60/40 income split, the non-resident parent pays 60% of R13 000, which is R7 800 a month. The parent the child lives with covers the remaining R5 200 through day-to-day spending. These figures are for illustration only, and a real claim uses your own proof of expenses and income. Is there a fixed percentage for child maintenance in South Africa? No. South African law sets no percentage of the paying parent’s income. Every order is based on the specific child’s needs and the specific parents’ means, which is why two families with similar incomes can end up with very different amounts. What the Maintenance Court Considers The maintenance court is part of the magistrate’s court, and the magistrate has wide discretion. The Act gives the principles, but the magistrate weighs the evidence each parent puts forward. Payslips and bank statements carry more weight than estimates. Beyond the child’s needs and each parent’s income, the court looks at each parent’s assets, their own reasonable living costs and any other children they must support. A parent who has remarried and has two more children still owes support to the first child, but the court considers the full household when it tests what that parent can afford. Income is not limited to a salary. Commission, bonuses, rental income and business drawings can all be relevant. A self-employed parent who pays themselves very little from a company they control may find the court looking at the company’s finances as well. Does the parent with care also have to contribute? Yes. The duty to support is joint, so the parent the child lives with contributes their share too. That contribution usually takes the form of daily spending on the child rather than a transfer, which is why the maintenance order normally names only the other parent. Does child maintenance stop at 18? Not automatically. The duty lasts until the child can support themselves, so it can continue while a child finishes school or studies further after turning 18. A parent who wants to stop paying must apply to the court to discharge the order, rather than stopping on their own. How to Apply for Child Maintenance You apply at the magistrate’s court in the district where you live, using form J101, the application for a maintenance order. The Department of Justice lists these documents to take with you: Your identity document Certified copies of your children’s birth certificates Your latest three months of bank statements Three months of payslips or a signed letter from your employer A list of your income and expenses, with proof such as municipal bills and till slips The full name and physical or work address of the parent who must pay A copy of your divorce order, where relevant A
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