Understanding Maintenance in South African Law

Maintenance refers to the legal obligation to provide for another person, typically a minor, with the basic necessities of life, including housing, food, clothing, education, and medical care, or the financial means to secure these essentials. This legal obligation is known as the “duty to maintain” or the “duty to support.”

What Is a Maintenance Order?

In South Africa, maintenance orders are legally binding directives issued by courts to ensure that individuals, usually parents or former spouses, fulfil their financial responsibilities towards those entitled to support.

Can Maintenance Orders Be Changed?

Yes. A maintenance order can be varied (increased or decreased) when there has been a material change in circumstances. This could include:

• A change in income or employment

• Deterioration in health

• Increased living or educational costs

• Any other relevant change that affects a party’s financial ability or needs

Courts assess each case individually, guided by legal precedent, in determining both the financial capacity of the parties and their personal circumstances.

Maintenance for Adult Children

While maintenance obligations typically end when a child reaches the age of majority, support may continue in certain circumstances, such as:

• When the child is pursuing full-time education

• When the child is unable to support themselves due to a disability or otherwise.

However, continued support is not automatic. Courts evaluate whether there is a genuine need for maintenance and whether the parent has the financial means to provide it.

The duty to maintain children is included under the parental responsibilities set out in Section 18 of the Children’s Act 38 of 2005, and persists until the child becomes self-supporting, which may extend beyond the age of majority.

How to Apply for a Variation of a Maintenance Order

If your circumstances have changed, you can apply to vary an existing maintenance order by approaching the same court that issued the original order - whether it's the Maintenance Court, Regional Court, or High Court.

The applicant must provide supporting documents, such as:

• Recent bank statements

• Medical or psychological reports

• Proof of unemployment or reduced income

• Proof of educational enrolment

The respondent has the right to oppose the application and submit their own evidence. The court will then consider all submissions and make a ruling that reflects the best interests of the parties, especially where a minor child is involved.