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How to Apply for Child Maintenance at Court – Step by Step Guide and Advice

ByOur Lawyer

How to Apply for Child Maintenance at Court – Step by Step Guide and Advice

ABC guide to applying for Child Support/Child Maintenance

Advocate of the High Court of South Africa Family Law legal Services

Advocate Muhammad Abduroaf – Advocate of the High Court of South Africa

Child Maintenance Guide: Written by Advocate Muhammad Abduroaf

The procedures to be followed in instituting a complaint for child maintenance are regulated by the Maintenance Act 99 of 1998. Below is a simple “ABC” guide to get you started in claiming maintenance for yourself, your children or dependents. This I wrote in order to encourage people to claim needed maintenance for their children or for themselves. Remember, the Maintenance Court would be more than happy to assist you with whatever other legal queries you may have. Before I deal with the simple steps that should be followed in claiming maintenance, I shall first deal with the following question:

Q: From whom may maintenance be claimed?

A: Maintenance may be claimed from persons who have a legal obligation to maintain you. For instance, children can claim maintenance from their parents or a wife from her husband and visa versa. Seeing that children are minors, they are assisted by their parent or guardian through the maintenance process, but in actual fact, it is the child who is claiming. For the purposes of the steps below, I shall structure it as if a parent or guardian is claiming maintenance on behalf of the child. Purchase a Consultation with us from our Online Shop, by clicking here.

Income and Expenses – Step 1 …

Get hold of all your proof of income. E.g. pay slips. If you are not working for an employer, you should get hold of proof that you earn a certain amount of money per month. If you are unemployed, that is in order.

Get together a list of all monthly expenses incurred for yourself and your children. This would include rent, groceries, clothes, entertainment etc. This information is required when filling in the maintenance application form that is dealt with in Step 2 below.

Find out all the details of the person from whom you are requesting maintenance from, e.g. his/her home and work address and identity number.

Visit the Maintenance Court – Step 2 …

Go to the Maintenance Court closes to your area and obtain an “Application for Maintenance Order Form” also referred to as “Form A”.

Use the information you have gathered in Step 1 and fill in the form. The form is in the form of an affidavit and you, therefore, have to swear to the correctness of the information under oath and sign. Therefore, do not hide any information for the Court.

Caution: If your information is not 100 % correct, you may be cross-examined on such correctness in Court and if it is found that you were not totally honest, this would not be in your favour. If you require any assistance in filling in the form, the maintenance officers would be happy to assist you. Once you have filled in the Application for Maintenance Order Form, return it to the maintenance officer who will process it for you. If the maintenance officer can provide you with a reference/case number there and then, request it. The Maintenance Court will send you and the person you are claiming maintenance from a letter or subpoena to appear at the Maintenance Court for an inquiry with the maintenance officer. Diarise the date immediately and make arrangements with your work and a babysitter as soon as possible. If you miss the date, it can take months to get another.

advice-child-maintenance-child-custody-divorceGet your document in order – Step 3…

From the time you left the office of the maintenance officer and even from the time you decided to claim maintenance, keep all receipts you received for any items bought for you and your child. Therefore, if you buy nappies for your child or even a toy, keep that receipt as if it is gold. This is due to you having to prove to the court that you really do spend money on the child and you have the receipts to prove it.

You will soon hear from the Maintenance Court where they will be giving you a date to appear back at the Maintenance Court for an inquiry. They would either inform you by post or by a subpoena. On that date, both you and the person from whom maintenance is claimed would have to appear. If you are planning on making use of a legal representative, inform him/her early about the date so that he/she can be available to assist you at Court.

Purchase a Consultation with us from our Online Shop, by clicking here.

In the notice to appear for the maintenance enquiry, it is requested that you bring proof of all expenses and income for you and your child. This is why it is so very important for you to keep all proof of expenditure in a safe place.

Hint: If you can afford to, bring original proof of expenditure and income and a photocopy thereof. The original you would then be able to take back home and bring it back when requested and the copy will stay in the Court file.

The Maintenance Enquiry – Step 4 …

This step deals with the maintenance enquiry where you and the person from whom you are claiming maintenance from will appear before a maintenance officer. The maintenance officer will speak to each of the parties and look at the documents provided. Each party will get a chance to explain why he/she requires maintenance and also why he/she can’t afford the maintenance requested. The maintenance officer will as far as possible try to resolve the matter there and then without it having to go to court. If the parties can agree to an amount, this amount can be made an order of the court. If however an agreement cannot be reached at this stage, the matter, depending on the Court will either be referred to a prosecutor or for trial.

advice-child-maintenance-child-custody-divorceRemember, if you are a father or a person currently paying maintenance / child support, a reduction is possible. The same goes for an application for an increase in maintenance / child support

Sharing is Caring

This and other articles and posts found on this website are written by Adv. Muhammad Abduroaf to assist people with various family law related issues they may have. If you find any of our articles, free resources and posts interesting, or possibly useful to others, please share it on Social Media.

Should you require any other legal services and advice, not related to family law, visit Private Legal.

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233 comments so far

ShannonPosted on1:55 pm - Mar 22, 2018

am 23 years old,so just want to know,can I take my dad to court for supporting cz he was never ssupported me since I was a baby till now,can I??

RupertPosted on8:20 pm - Mar 25, 2018

Good Day, I would like to ascertain if divorce order was granted and the maintenance was agreed in that order to what extent can the person who is liable to pay the maintenance be held accountable to pay. This is a query on behalf of a friend that needs a legal assistance.

Her Ex husband is a South Africa and has stopped paying maintenance but he lives in the UK and works there. His reason for not paying is that he wants to build a buffer as his excuse but he still works. Is there a legal route to getting him to pay his maintenance as we would like to explore if this is possible.

rosePosted on11:46 am - Mar 27, 2018

hi

my boy is 9yrs old . me & his dad we not stay together & he just give me money sometimes after three to four months . can I go for maintenance ?

NalediPosted on4:13 pm - Mar 29, 2018

I have a child with other person and I’m married and the father of my first child does not support so I’m staying far from where he stay can I apply for a maintenance from where I’m staying

MathotoPosted on10:09 am - Mar 30, 2018

Hi my daughter she’s 15 and me n her father we not stay together and he did not support a child til now can I go for maitanance but I don’t have any particulars for him I just knw a phone number and date of birth so I don’t knw what I can do

MarciaPosted on12:26 pm - Mar 30, 2018

My baby daddy buys clothes winter and December, pays R270 for day care every month should I apply

LihlePosted on10:09 am - Mar 31, 2018

hi… i have a 3 year old son and his father never supported him from birth.. now i went to the department but they could not assist me since i only have his name, surname and number, i dont know where he works. what should i do?

    Our LawyerPosted on5:39 pm - Apr 2, 2018

    We suggest you approach the Maintenance Court. If they cannot help, then if you can afford it, approach a Private Investigator or Tracing Agency.

LinahPosted on5:48 pm - Apr 1, 2018

I have been living with my boyfriend for 5 years now. We have a 6 year old daughter and I am also pregnant. Previously he did not have enough money so I would take care of all expenses. Now he has a better paying job, but our daughter’s school fees is 3 months in arrears, he does not but food or buy clothes for his daughter. He does not even take care of me. Can I file for child maintenance?

NomsaPosted on9:31 am - Apr 6, 2018

Hi i am a 25 year old women and i have a son who is turning 8 years this year,
he stays with my mother because i working as an agent and i travel a lot due to my work.
i only get paid if i sign a client every month. meaning i earn less than 2000 a month. so i cant
do everything by myself. my baby daddy is also working but he doesn’t support the child
so what can i do to get him to support our son?

ZamaPosted on8:37 pm - Apr 6, 2018

Hi.
My son is 9 years old staying in his father’s home.His grandmother is taking care of him.His father is not support him at all even though the child is staying with his parents.

I would like to find out if I can apply for a child maintenance even though im not staying with the child and I don’t know the ID number of him.

piet mabalanePosted on1:56 am - Apr 8, 2018

Hi. I’m a thirty year old struggling to make ends meet. And my father has never supported me since birth.i approached him to take me to varsity after I completed my matric and he refused. Is it possible to lay a maintenance claim for all those
years?

sihlePosted on2:34 pm - Apr 11, 2018

hy I have 3 year old son I can’t provide for him I’m currently studying at the college ad baby daddy he has stable well paying job he don’t wanna support my child like he should he. support him when its suit him its two months now.no money no nothing I don’t have any income support my child it’s very hard every time i have to remind him abt his child can I go maintenance I’m tired of this..

DaisyPosted on12:46 pm - Apr 20, 2018

I have an issue in that my ex husband is a senior policeman and the issue at maintenance court was very biased due to his close contacts/colleagues. How do i overcome that? i can not afford an attorney.
My complaints were all ignored.

AbrahamPosted on8:49 am - Apr 22, 2018

This your site is really helpful and educative. i want to find out if i can approach a maintenance court even when i am unmarried to the my childs mother. i have been paying child support and buying the baby things but cant have access to my child. All i know about my child is from photos only when the baby mother decides to send me photo, even when i tried visiting her house she fights me, but when it is month end she ask for money for child maintenance. i have spoken to the uncle, mother, brothers they all granted me access to the house to visit my child and pay damages but my baby mother is adamant and her parents told me that i should approach the court as my child is suffering and my baby mother is not working to take care of my child and her other child from her previous relationship. i am so worried even though i dont have work a monthly work but i have a business as i sell cars and i also have a groccery shop. i have not seen my child since he was born and she only told me via sms more recently that she renamed the child other than the name i suggested to her and also my details are not included in the childs document/birth certificate. i am been treated bad because i am a foreigner though my baby mother family supports me.

    Our LawyerPosted on6:57 pm - Apr 26, 2018

    Goo day. We advise that you approach the children’s court as soon as possible. They would be able to assist you in obtaining contact with the child.

PearlPosted on7:54 pm - Apr 23, 2018

My baby daddy pays child support but it not enough it doesn’t cover our rent or medical bill or for our child’s schools . I told him to increase the money but he wouldn’t. So I applied for government child support grant,but still it not enough. Can I still take baby daddy to court even though i applied for the government grant ?

Luvo PhathelaPosted on5:26 pm - Apr 25, 2018

Good evening… my name is Luvo Phathela, I’m 22 years old I’m doing first in education in the university of the western cape. I’m covered by NSFAS but it is not enough. My mom and dad separated long time ago. My mother is a domestic worker who roughly earns about R500 a week. On the other side, my father has got a taxi business. I’m supported by my mom who is also supporting my other siblings from her wages. My father does not support me he literally refuses to support me, for his own known reasons that are known by himself. Since from secondary to high i have been supported by my mother. Can I place a charge against my father for failing to support me? Or do I qualify to apply for child maintenance ? Thanks in advance.

Luvo PhathelaPosted on5:31 pm - Apr 25, 2018

Good evening… my name is Luvo Phathela, I’m 22 years old I’m doing first year in education in the university of the western cape. I’m covered by NSFAS but it is not enough. My mom and dad separated long time ago. My mother is a domestic worker who roughly earns about R500 a week. On the other side, my father has got a taxi business. I’m supported by my mom who is also supporting my other 3 siblings from her wages. My father does not support me he literally refuses to support me, for the reasons that are only known to himself. Since from secondary to high school i always have been supported by my mother. Can I place a charge against my father for failing to support me? Or do I qualify to apply for child maintenance ? Thanks in advance.

MphoPosted on12:50 am - May 6, 2018

hellow,I once applied for a child maintenance in 2016,then I cancelled before before going to court,now my baby daddy is giving me problem in supporting a child,will they help me when I go to apply again

NokuthulaPosted on12:01 pm - May 7, 2018

Hi, my baby daddy is an unregistered loan shark but he is able to afford cars and a house that he built. How can I sue him for child maintainence in this case

ZiyaPosted on9:22 pm - May 7, 2018

Hy my dad was never part of my life ever since I was born my mother never applied for maintenance but now my dad has passed away and I am struggling to father my studies we are struggling financially my dad knew that I existed but I don’t think he knew my name he was teacher how do I claim for his estate?

BongiPosted on5:08 pm - May 8, 2018

Hi am the mother of two children and struggling to everything, they’re having daddy but we’re not married , since i asked him long time ago two support his kids , he’s always promising everytime but he can’t keep his promise…. what shoul i do ?

portiaPosted on9:25 pm - May 9, 2018

Leave your message hi I m 22 years and I want my father to maintain me but he is a taxi driver will u help me

BonfacePosted on11:46 am - May 11, 2018

Good I need help, I am legally married to my wife and we have 3 daughters aged 13 and 7, my wife works as a nanny and stay there only comes on Saturday and Sundays and sometimes she does not come.

I love my children so much that I cant imagine having them being raised by another person, now recently my wife has threatened to take my children and sends them out of the country without my approval coz she claims I love my kids more than so she wants to punish me.

my question is can I file for custody for them as a precautionary measure for the not to do that.

since she has been working she has refused to support financially but that’s not an issue with e what I need the most is the custody for kids can I approach children’s court.

PreciousPosted on3:32 pm - May 14, 2018

My child’s dad, is working at Metro police,we are separated,I am not working and he doesn’t support his child, when I try to reach out to him he doesn’t answer my call he used to give the child 350 I don’t know what for now he stopped completely what should I do, I only hv I’d no and I don’t know where he stay, can I get help

LethaboPosted on11:05 pm - May 15, 2018

Hi my name is Lethabo Rasekgwalo I have a child who is 3 years old and before me and her father separated her father was supporting her so well bt since we separated he sometimes give her money sometimes not and am not working am a student at unisa he also promised to marry me and he didn’t do as he promised me my school time is wasted because of he is the one who asked me to have a child with him Baby daddy is working at Nissan

NjabuloPosted on6:57 pm - May 16, 2018

Hi I have a child who is 1 years 8 his father never supported him since he was a born ,he works at Pretoria but his home address is thohoyandou but I only know his number,name,surname and work place ..and also his home address here at venda thohoyandou

NjabuPosted on7:00 pm - May 16, 2018

Hi I have a child who is 1 years 8 his father never supported him since he was a born ,he works at Pretoria but his home address is thohoyandou but I only know his number,name,surname and work place ..and also his home address here at venda thohoyandou

valente fredericksPosted on10:04 am - May 17, 2018

how long does it take to get a date to appear in court after you have submitted an application for maintenance in south Africa.

Joyce kekanaPosted on11:24 am - May 21, 2018

Hi i have an 6yrs child and his father never supported him since he was born.i was supporting my child with a social grand now i am working and i earn 2900 hes at school and his paying R1000 for school fees and R400 for transport plus i have to buy him clothes and foods and i have to also have money for my transport to go to work.his father is working but he doesnt support his child,so i want to make him to support his child but i only have his number,surname and name.i also knw where he stay but dont knw the address .

TaniaPosted on10:17 pm - May 23, 2018

hi im 26 years old and have a 1 month old baby ,while i was pregnant i found out i was HIV Positive i assummed i got it from his father coz before i fell pregnant i tested negative when i ask him about his HIV status he doesnt give me a straight answer.he was never supportive during my pregnancy til i told him i gave birth he sent 1700 once off and never sent money again this month (may) when i tell him i need money for nappies and new clothes he tells me he has money problems but when i check his facebook posts i witnessed that he bought new clothes and one of the latest cellphones (sumsung s9) so what i want to find out is can i sue him for infecting me with hiv and for maintainance all at once

    Our LawyerPosted on9:17 am - May 24, 2018

    Good day

    On the issue of Maintenance, there you can take him to the Maintenance Court. We advise that you approach them. On the HIV issue, we advise that you see an attorney to assist you.

MokgadiPosted on7:59 pm - May 26, 2018

Hy I am 17 years old and I am reaching 18 this year on August so I wanted to apply for maintained for my father next month my self so will they allow me

KulliesPosted on6:36 pm - May 29, 2018

I am pregnant and when I told my boyfriend that I am pregnant he said I must abort the baby but I don’t to can I still claim support from him after birth?

KholoPosted on10:02 am - May 31, 2018

Hi
My son is 8yrs I separated with the father a year ago. He does send money but after I followed him around and he does that every month sometimes he will bring short money and late around the 3rd day of the month then I have to keep our son out of school until he bring money wherelse he get paid on the 25th or he will lie and say I will bring it tomorrow and never do that untill I start calling him or he will make me ask money from loan shark and pay it later do I qualify to apply for maintenance for my son when things are like this?

kgaliPosted on10:12 am - Jun 3, 2018

Hi my name is kgalalelo am 23 years old and i have a 5 month baby girl i what my father to maintain me but he don’t what he stop maintaining me when i was 21 years so can he maintain me even if a have a child? i don’t have any income

Jacqueline HitchcockPosted on11:07 am - Jun 4, 2018

Good day.. My daughter is 7.. Her father paid R600 for 4 years. When my daughter went to school he paid R700 and he pays the school fees.. I haven’t received a letter from the school that the fees has not been paid. She visits her dad for 3 weekends a month and then for the remainder of the time she is home with me.. So in total he pays R1580.. I pay all her extra things after care transport for school and extra curriculum activities.. Please tell me if I must approach the court or not, as I feel this is to little. This arrangement was made between me and her father we have not been to court, regarding this matter.. He also pays the R700 if he has the money to do so or whenever he wants to.. PLEASE HELP

OliviaPosted on2:09 pm - Jun 5, 2018

Hi my name is Olivia I have a child of 6 years old,all the time his father was maintaining her with R1100 per month now ,the father works at security armed response ,he has another small business of security company and driving the Taxify with his own car at his off days,he no longer wanna support the child ,he told me he has debts of car and clothes account ,I ask him to raise money to R1500 as the child is traveling to school and transport cost me R350 and I pay the rent of R850 ,he refused and told me to child support grant and is the only money I depend on it as I am not working.Is it possible to approach the maintenance court?And the 2nd thing I don’t know where he stay now I only have address of his company he works for and his documents.

OliviaPosted on2:20 pm - Jun 5, 2018

Hi my name is Olivia I have a child of 6 years old,all the time his father was maintaining her with R1100 per month now ,the father works at security armed response ,he has another small business of security company and driving the Taxify with his own car at his off days,he no longer wanna support the child ,he told me he has debts of car and clothes account ,I ask him to raise money to R1500 as the child is traveling to school and transport cost me R350 and I pay the rent of R850 and have to buy food and clothes on that money,he refused and told me to use child support grant and is the only money I depend on it as I am not working,and I don’t any income without that.Is it possible to approach the maintenance court?And the 2nd thing I don’t know where he stay now I only have address of his company he works for and his I.d.

SthembilePosted on12:06 am - Jun 10, 2018

Hi I have a 6year old son and his father does not support him. I would like to sue for maintenance but I don’t have his ID number or home address all I have is his work address, phone number and his names. Will I be able to sue him?

MmamulePosted on1:24 pm - Jun 11, 2018

Good day

My son has a two month old son whose mother died a month ago. He wants sole custody of the child. The son is been looked after by the maternal grandmother. My son feels that the grandmother is bonding with the son and does not always allows him to take the child to our home.

He wants a chance to be able to bond with the child as well. The family is still mourning for their daughter and we were told to wait 3 months for damage negotiations.

My son feels that he should be allowed to take the child and spend every weekend with him.
He has been taking caremof the child ever since he was born

Mpho mokgawaPosted on6:01 pm - Jun 17, 2018

I have a son and the father has rejected him so i dont have the pay slip and working address so what do i do

MoniquePosted on9:55 am - Jun 18, 2018

Good day

my ex-husband has stopped paying maintenance for over 3 years now and I have tried on numerous occasions to get him to pay the money but he keeps on coming with excuses. he also keeps on making promises and always breaks it. he has two other kids now, will I be able to get a garnishee on him so I know that he keeps on paying for his two with me.

Portia RadebePosted on12:15 am - Jun 26, 2018

Leave your message
Hi,I have a 2 year old daughter and her father disappeared when I was pregnant and never heard from him but his brother used to call me and ask how is the child so I don’t know what to do to get to the father of my kid coz his brother says he can’t give me the numbers of the baby daddy please help

    Our LawyerPosted on8:20 am - Jun 26, 2018

    You need to approach the Maintenance Court in your area. They can instruct the maintenance officer to investigate where the father is. You may even ask them to proceed for maintenance against his parents.

tinahPosted on1:43 pm - Jun 26, 2018

Can i apply for maintainance if i am a foreigner in zimbambwe and the father is in south africa,,,maintanance of him infecting me with hiv and mainatance of children

    Our LawyerPosted on4:25 pm - Jun 26, 2018

    It may be best you find out from the Maintenance Court in Zimbabwe. The principle in South Africa is that you apply at the Court where you live or work. In your case it is in Zimbabwe. The other option is for you to get an attorney in South Africa an sue the Father in the High Court in the province where he resides.

GertrudePosted on9:50 am - Jun 28, 2018

I am foreghner my ex husband too.can i claim child mentainance from him?

suzanPosted on8:10 pm - Jun 28, 2018

My father’s child don not want to support her child since I was pregnant can I claim maintenance

MmaphutiPosted on12:21 am - Jul 3, 2018

Hi,Am 27 years lady and I have a 4 years son. The father of my son doesn’t want to support him and he doesn’t know our son. My question is,I don’t know his ID number and I want to take him to court for maintenance. Can I take him without ID number?????

NazPosted on9:01 pm - Jul 3, 2018

I have 3 kids. Father just pays for school fees. Nothing else. Kids live with me and I pay for everything else. There is no court order yet. He wants to put kids in a cheaper school because he claims he can’t afford it. Is it worth going to court about this?

    Our LawyerPosted on3:02 pm - Jul 5, 2018

    Good day

    If you earn much more than the father, then it would be expected for you to pay for more than him. If however, you feel he is paying too little and can afford more, then we advise you approach the maintenance court ASAP.

AkeemPosted on7:14 pm - Jul 12, 2018

I am 18 years old. I live with my mother, my father don’t support me only my Mother she sent me to basic school primary school then secondary but through my time going to secondary school she let me go on my father bus. My father have a lot of money,
He abuse me from when I was little until I was in first from at secondary school he dont give me anything and when I ask him for something he say no but when I mention my mother name he give me and that’s likes twice a year and I’m not talking a lot of money no more the 5000.
How do I go about filing for maintenance so I get what he didn’t give me.

Innocent sefoloshePosted on7:22 am - Jul 16, 2018

hi I’m innocent im 21 years old I’m asking that is it possible that i can make my father to support me cause he never dd anything for me n he doesn’t wanna take me to school im suffering because of him my mom she is a domestic worker will the court help me with this matter i wanna make it tomorrow or today

StaceyPosted on8:23 am - Jul 18, 2018

I am taking care of my cousins son and we agreed that both her and the father will contribute monthly to the child’s care however both of them keep on defaulting an I find myself paying alone for his care. Can I approach a maintenance court for assistance?

DannyPosted on2:06 pm - Jul 18, 2018

Hi im a father of a 3month old child, im buying everythin of what my child need, an docter bills, but she give the stuff away to her brother child an i cant say anything, what can i do

Julia HeisiPosted on12:46 pm - Jul 26, 2018

hi, Am a mother of a 4year old,her father and i separated before she was born and he had agreed to maintain her every month R1500, he started well until last year March he stopped with R1500 and now it is down to R900 which only covers the child crech fees,i agreed to help with the transport and food,but now he doesnt even buy the child clothes,whenever she is sick he doesnt even help take her to a doctor,am now married and my husband cater for the childs need.since her biological dad only pays for crech,can i take him for mainatance

KhanyiPosted on8:39 pm - Jul 28, 2018

Hi, I’m currently pregnant and my baby daddy wants nothing to do with me and the baby. Can I take him to the maintanence court after the baby is born despite him not wanting the baby?

SarahPosted on1:28 pm - Jul 29, 2018

Hi how are you I would like to know if the baby s father is from Malawi but he s working 6days a week here in south Africa how can I persuade a child support without him losing his job I don’t know if he have all documents for working he s a gardener here my child she s been 2yrs now he only paid three only I have to force him to give me I only ask him r500 n I even find him a job but he still struggling to pay the amount I ask do I have a right to take him to court for child support and I only know 2houses where he works I don’t know the other houses but they in a same complex.thanks(m a private person I don’t want my boss found out)

    Our LawyerPosted on5:48 pm - Jul 29, 2018

    Good day. You have full right to take him to the maintenance court. We, however, cannot advise whether or not he will lose his job and so on.

SamanthaPosted on8:16 am - Jul 31, 2018

Good day…I have a child with an ex that I was not married to. He has contributed R500 per month since birth as well as annual primary school fees. For the past 4 years he defaults in payments every so often which leaves me on the back foot to tie up loose ends. School fees payments are also delayed to the latter part of the year which is due in the beginning. As of this year his last contribution was in Jan. He lives in another province, is married with 2 other children and has a good job living quite comfortable. The other 2 kids go to private school and are well taken care of. I’m married but am not as well off as he is. My expectation is that he contribute more financially due to high cost of living as R500 is too little. Would also want him to contribute his time as he always makes excuses to see him. Will it worth the effort to apply for increase in contribution (and ensure consistency in payments) ? Also, can the court also get him to ensure that he plays a role in seeing the child as he is neglected.

    Our LawyerPosted on11:17 am - Jul 31, 2018

    Good day
    We advise you proceed with an Application to the Maintenance Court. The Court would be in a very good position to assess the matter. The Maintenance Court cannot deal with contact and care issues. That you need to approach the Children’s Court for.

bongiPosted on10:08 am - Aug 2, 2018

I am married to my husband for 9 years but in 2016, we filed for a divorce but cancelled it in the same year in September. But since we cancelled the divorce, he doesn’t want to stay with us ( me and our son), we don’t know where he stays. We have two houses that are rented out, because I also stay at my own rented place. The problem, he does not support his child, and what is bothering me more is the fact that, he receive rental money for both houses but he refused to support us or even share the rental money he receives every month from the tenants and he is also working in a very good government institution. What should I do and this matter is stressing me too much.

ChristinaPosted on1:27 pm - Aug 7, 2018

Me and my baby date we broke up long time ago…he denied the child saying that the child is not his .he doesn’t want to do DNA test
It is possible for me to apply for child maintenance while he is denying the child?

ChristinaPosted on1:39 pm - Aug 7, 2018

Me and my baby daddy we broke up long time ago ..he denied the child and he doesn’t want to do DNA tests
It is possible for me to apply for maintenance while he is denying the child?

ZoPosted on3:21 pm - Aug 8, 2018

Hi, i went for Children Maintance Offices in 2012, and their father, ( my ex-Husband) told them that he will pay the maintanance we didnt go to Court cause we agree that he will start to pay instead he quit his Job, and got another one later, now he doesn’t want to support his 2kids saying he’s getting paid only on Commisssion, am doing everything for them alone i mean EVERYTHING..now will they allow me to go for the second time to Maintanance Court?

LindiPosted on1:42 pm - Aug 10, 2018

Hi my daughter is 27 months and her father never supported her since she was born and yet he is working. He only bought only 2 pair of shoes last year and this year I asked him to take responsibility by contributing atleast R500 a month but he only deposited 3 times this year when its suits him and I tried to talk to him several times but failed and when ever I call at his work his phones just forever ringing and no response. He called and ask my banking details but didnt deposit any money. I dont know he works or leaves but somewhere in PTA. Please advise.

ThobekaPosted on12:22 am - Aug 16, 2018

Hi I’m a mother of 2 kids a boy and a girl their father is a taxi driver and he doesn’t support them will they be able to help me

HlengiwePosted on12:27 pm - Aug 20, 2018

Hi. the father of my baby does not support my baby in any way. He is self employed, does freelancing jobs and those government contracts but sometimes he gets no job. he has never asked me about the baby. but has lot of assets. Im about to be let go at work and i cant afford to take care of the baby like i used to. Do i also go to the maintenance court or they will regard him as someone who does not work…

HlengiwePosted on12:02 pm - Aug 22, 2018

Good Day,

I have 2 kids 11 and 9 they live with my mother the father provides 2000 monthly but its not enough I don’t want to seem petty but he only increased this last year Kids school is expensive and I am currently unemployed however have been using savings to make due.
I don’t know whether I am justified to go to court and apply for mainetanance I have spoken to him and he doesn’t seem to see a problem he was not working for some time and I did everything Im even willing that he not give the money and buy school uniforms and pay the fees but I am really struggling

Ronelle MohametPosted on9:01 am - Aug 23, 2018

Good Day.

I have a 6 year old daughter, whose dad does not contribute to at all. He is currently residing in Durban. What would be the visitation rights for him should I file for maintenance.

BongiwePosted on10:26 pm - Sep 2, 2018

Evening
I want to apply for a maintenance, but the problem is I don’t know my ex current address and his identity number, but I know he’s birthday n the year he was born… He’s working well but he doesn’t maintain the kid ever since our daughter was born

LeratoPosted on11:22 pm - Sep 3, 2018

Hi I wanted to ask do i qualify to take my baby daddy to maintenance court even though am earning R7000pm as he only buys milk and a plastic of pampers he hasn’t bought clothes for the baby ever since the child was born and my daughter she’s 6 months old,thing is I’ve missed placed my slips so I feel I won’t get help due to I can’t produce the proof of purchases.

DypuoPosted on12:25 am - Sep 5, 2018

Good morning sir,I have a daughter who’s 10 year’s old,her father send R500 after 3 months,he’s working somewhere in rustenburg and m also working but I don’t earn that much,recently he got a baby with his girlfriend, so I’m I entitled to ask him to pay maintenance for my daughter?

    Our LawyerPosted on7:01 am - Sep 5, 2018

    Good day
    Yes, he has a legal obligation to support your daughter. If he does not pay a reasonable amount, you must take him to the Maintenance Court ASAP.

ZintlePosted on9:53 pm - Sep 5, 2018

Hi my name is Zintle. I have a baby he’s still a new born but every time I ask his father to buy things the baby needs he promises me but doesn’t buy them now I’m thinking of going for maintenance but I don’t know if I will get help since he is a taxi driver I’m not sure how much he’s earning and he doesn’t have a payslip. What can I do?

AshPosted on2:27 am - Sep 6, 2018

Hi I would like to know how this maintenance thing works my baby mother relocated to a different province with my daughter and I hardly ever see her but the mother always just wants money and now she said she’s taking me to court for maintenance but I don’t see my child they live in a different province and she never asked me formy consent or permission to take the child but she wants money? How does that work?

    Our LawyerPosted on7:28 am - Sep 7, 2018

    She can take you to the maintenance court if is caring for the child and incurring expenses. The Court would decide what is a fair amount.

serraPosted on7:10 am - Sep 13, 2018

Greetings. I’m an umemplyed married mother of two daughters and we are staying together as a family with my husband. My husband is abusive and I want to leave him and find a place to stay with the kids because I’m scared to leave him with the kids. I need him to support the kids while they stay with me because I’m still unemployed. And i would like to know if I’ll have to make a plan on paying for the rent where I’ll be staying with the kids or he will be responsible for paying it because his abusiveness pushes us to leave him.

    Our LawyerPosted on9:31 am - Sep 13, 2018

    Good day
    We advise you approach the maintenance court for a maintenance order. It may be a good idea to speak to him about your intentions and his willingness to support you.

KopanoPosted on9:35 pm - Sep 16, 2018

Hello
I just wanted to know if it is possible to take my baby daddy back to maintenance court after I have cancelled?

SeipatiPosted on12:42 pm - Sep 17, 2018

good day
My baby daddy he is paying for school fees and transport and he only buy snakes,I’m unemployed ,I came to stay on his home after lobola negotiations now they chase me away I had to rent course my kids are still in school here that’s y I didn’t go back home ,now I don’t know how to pay my rent and I don’t know how to buy groceries ,and he doesn’t want to put his child on medical aid when I ask him for doctors money he fight with I don’t know what to do please help with some advise please
THANK YOU

PorciaPosted on3:13 pm - Sep 19, 2018

The father of my child passed away and he is now 3 years old and I’m not working nor have a stable home he was working a pole officer,i only received the money once and its not enough for all my child’s needs including the rent what can I do?

    Our LawyerPosted on6:57 pm - Sep 19, 2018

    Good day

    You may consider applying for maintenance from your parents and his parents. They have a legal obligation to maintain your child too.

leratoPosted on8:56 pm - Sep 21, 2018

what documents will I need to file for child maintainance?

NombuleloPosted on10:18 am - Oct 4, 2018

Hi my baby daddy is a taxi driver is it possible for me to apply for child maintenance because he doesn’t support the child since from birth?

MookePosted on2:02 pm - Oct 5, 2018

Hi,
Is it possible to claim maintenance from my husbands RA as he is unemployed and I have three children that need to be maintained.

TumiPosted on9:57 am - Oct 15, 2018

Hi
I have 2 kids with my ex, he is currently not helping with child support. The last time I checked he was not working and I feel that his family is maintain his lifestyle as he is not eager to find work or to help with the kids. Its difficult for me as a single parent, that I even had to apply for debt review due to the amount of debt I had to make to pay for the kids. Can I apply for maintenance even if the father is unemployed.

Mmatshepo MoganediPosted on8:50 pm - Oct 24, 2018

Good Evening am a 32 year old lady and am still studying I have a 10 year old daughter who stays with my mother and am having challenges as to take care of my baby bcs am still at varsity. The problem am facing rite now is that my daughters father doesn’t support and when ever I contact him his girlfriend swears at me over the phone and tells me to stop calling his man, we separated in 2012 and ever since then I don’t know where he stays and works. When I read through your post I saw that in order for me to file a maintenance I have to have ID numbers , home/work address so am now loosing hope as I wanted to make him pay for his child support but I don’t have his details😭

VictoriaPosted on10:36 pm - Nov 12, 2018

Good evening, my baby daddy is self employed can afford expensive things has no payslip but he is getting more money each and every month, but he is not paying maintenance for my boy, who us 1 and 11 mo the. Can thecourt approve maintenance application for me?

    Our LawyerPosted on8:21 am - Nov 13, 2018

    Good day
    The court would look into the matter and make a decision as to what is fair and reasonable. Therefore, we advise you to go to court and make the application.

PreciousPosted on6:12 pm - Nov 15, 2018

Gudday,I have a 6 month old baby and the father just decided that he will not support the child anymore because we broke up and he is working but has 2 other kids from previous relationship, I currently have a December job but its only until end of December,what do I do

PhatPosted on9:10 am - Nov 16, 2018

Morning

I have 9 year old son and I am currently employed and his father is working he started supporting him last year with 600 for only 2 months and this year its on and off this month deposit the money next month came up with excuse. Can i take him to maintenance court

MphoPosted on10:33 pm - Nov 19, 2018

Hi I’m 18 years, a South African citizen and currently in grade 12. My dad is an entrepreneur and owns several companies. Last year my mom took my dad to the magistrate court over child maintenance and it was either she was given the wrong date each time or they would reschedule because he would not present the required documents to the judge. After realizing that my dad had connections with the people who worked there and their prosecutor she told someone higher up in the department. However nothing changed, he always had excuses and he would just be told to present the correct information next time. After 2 years of trying and failing she knew she was not gonna get the justice she needed. Being accepted to study at 3 universities for medicine for next year he made it clear to us that he won’t be paying for anything ever. My mom won’t be able to pay the school fees and can’t afford an attorney. What should we do. Thanks for your help.

    Our LawyerPosted on10:09 am - Nov 21, 2018

    Good day
    It is sad that the maintenance court is failing you. We strongly advise that you go further up the ladder for the complaints. Maybe contact the Provincial Minister’s Office.

ZeePosted on9:49 am - Nov 20, 2018

Good day

I have 2 kids , 18years and 19 years, divorced in 2006, their father did not contribute to their living expenses / medical aid and education/ clothing/ food/rent.. Can i now claim maintenance to be backdated. Can i also claim for spouse maintenance.

    Our LawyerPosted on7:21 pm - Nov 20, 2018

    Good day
    You can claim maintenance going back if there was no maintenance order. Usually, the court would grant a maintenance order at divorce. With regard to spousal maintenance, that you should have claimed at Court at divorce.

zandile SibekoPosted on9:42 pm - Nov 20, 2018

My son is 8 years turning 9 in December. I have been fully supporting him ever since he was born. His father is married and does not support him at all. I have spoken to him about supporting his child but agrees and never delivers. I am drowning and have decided to apply for maintenance but don’t have any of his personal details. How do I go about this.

maduse tyrannyPosted on2:51 pm - Nov 21, 2018

good day

can i start paying maintaince if the divorce is not yet finalized

    Our LawyerPosted on5:09 pm - Nov 21, 2018

    Good day
    Yes, you can.

    maduse tyrannyPosted on3:03 pm - Nov 22, 2018

    i was working in limpopo musina for 9 months taking care of my kids finacially, i have one child with her the other one is out of the wedlock, i was taking care for both my kids, after she walk out form the house without my acknowledge with all the furniture that we had, she had that i got the job she sue me for matainance for 3500 every month my salary that i am getting 12000, i need to know what must i do

JohanPosted on4:54 pm - Nov 21, 2018

Good day,
I met a girl on a online dating website.We met once and about 5 times thereafter.She got pregnant on the 6th time we met, in about 2 months duration.
The child is born and is now at the age of 14 months.
She did not want to take me to the maintenance court, and wanted to settle a monthly maintenance fee outside the court.
I’m paying a monthly fee of 5800 with a 6% yearly.I also paid all the medical costs regarding the birth of the child.
We are not in a relationship at all, and were never in one.So obviously this child is born out of wedlock.
My question is: May this be a scam,after all, the way we met,and the short time for her pregnancy?
Is it advisable for me as the biological father, to approach the court in a request for the child to be adopted?
Looking forward to your response.
Regards,

    Our LawyerPosted on5:21 pm - Nov 21, 2018

    Good day
    If you do not believe you are the father, ask the mother to submit to a paternity test for the child.
    If you want the child to go up for adoption, both you and the mother should agree.

chrissyPosted on1:51 pm - Nov 22, 2018

hi

i have been support my son since he was born his now 4 and now his father demanding to see him , he does not even support his child because he claims his unemployed..
can i apply for maintenance even if his not working.

    Our LawyerPosted on6:49 pm - Nov 22, 2018

    Good day
    Yes, you can apply even though he is not working. The court would then decide on the way forward. If he has assets, that would be considered. He must also show proof that he is trying to find work. If he cannot order at all, they can proceed against his parents for child support.

JohanPosted on9:01 am - Nov 23, 2018

Good day,

I have a son with my Ex wife that is staying with his maternal grandmother.
the child should relocate and stay with the mother now, i will be paying for all his school needs at private school but the mother force me to do both I can’t afford it. how can i proceed.

    Our LawyerPosted on9:41 am - Nov 24, 2018

    Good day
    If you cannot afford, there is not much the mother can do. Pay what you believe is fair and reasonable and what you can afford. If the mother is not happy with that, she would have to take you to the Maintenance Court.

JohanPosted on9:59 am - Nov 23, 2018

Good day,

I have a 9 yr old son with my ex wife that is staying with his maternal grandmother.
I’m supporting him but now is relocating to go stay with his mother i will be paying for all his
school needs at private school but my ex wife is forcing me to pay for everything i can’t afford it.
how do i proceed

TshepiPosted on7:12 am - Dec 1, 2018

Hi the father of my kids don’t want to support them so I want to take him to mantanance court cause when I ask him to give me the money for our kids she say yes after he don’t even send the money. Am not workin and our kids Is still young is 2 years kid and one month kid both Is girls and Is being 3 months nw. So am tired of talking to him I want to take an action.

    Our LawyerPosted on12:52 pm - Dec 1, 2018

    Good day
    You need to approach the Maintenance Court in your area ASAP for a Maintenance Order. The father has a legal obligation to support his children. The Maintenance Court would make a fair maintenance order.

emmerentiaPosted on11:50 am - Dec 7, 2018

Good day
im currently pregnant and i have told the father that im carrying his baby but he denies it is his kid i am carrying and denies to help with the baby im in pretoria and he is in strand how can i go about the situation and what is the procedures

HiltonPosted on9:12 am - Dec 17, 2018

Hi,I just want to know if me as a married father to my wife can apply for maintenance.The reason is because my wife go around and tell her family and friends that I don’t support my children.I would like to pay maintenance as prove that I do support my kids.

    Our LawyerPosted on3:54 pm - Dec 17, 2018

    Good day
    You can’t apply for an order against yourself. You may want to consider opening a bank account or a policy for the kids to be used by them in the future.

vuyisekaPosted on2:56 pm - Dec 17, 2018

hi I am 24 years o have a 2 years old son his father only gave me R650 rands only R400 when he was 6 months and R250 when he was was turning 1 year now he is unreachable changing contacts now and again please what can I do because am not working am struggling a lot I only know his name and date of birth only help please

SuzanPosted on6:54 pm - Jan 2, 2019

Hey I have 3yrs child n the father its from Zimbabwe and work at south Africa its truck driver can I get child maintenance Im not working in the moment

NicolenePosted on10:34 pm - Jan 2, 2019

Hi. My husbands maintenance order states he needs to pay X amount per child plus medical plus 50% of all expenses incurred. My question is that his x wife phones weekly asking for money for this and that. We now asked to see the receipts of what he needs to be paying the 50% of but she blatantly refuses and feels we need to trust her if she says she spend R2000 that he just needs to pay her the R1000. Can we refuse to continue paying all the extras wothout proof of receipts for monies spend? Can we refuse for extravagant luxuries when we cant even afford our basic needs? Can what he spends on medical aid not be included in his contribution and maintenance reviewed? As is nearly 50% of his income goes to his exwife whome refuses to work herself while we can hardly provide for our 2 children

    Our LawyerPosted on4:41 pm - Jan 4, 2019

    Good day
    Your husband needs to abide by the Court Order. If he feels he is paying too much, he needs to make an application for the variation of the Order.

BarleyPosted on3:30 pm - Jan 9, 2019

Hi, I’m a 31 yrs old. I have a 6yrs old daughter who her father refuse to maintain her at all. I only asked him to buy the clothes for our child in winter & summer then I’ll do the rest, but he’s refusing. So can I go to the maintenance court ?

    Our LawyerPosted on6:59 pm - Jan 13, 2019

    Good day. Yes, you may approach to the maintenance court for a maintenance order. The order would include a monetary amount that the father must pay.

chantellePosted on8:45 am - Jan 15, 2019

Good day

I am a single mother of three. Their father refuses to pay maintenance. He has now blocked us and doesn’t answer the phone when my children phone him.
How can I get him to help towards the children?

mosimaPosted on1:41 pm - Jan 15, 2019

my daughter is now 6 yrs and she is going to private school next year. is it possible for me to tell the maintenance court to increase the money??

BDPosted on9:33 am - Jan 17, 2019

Good day. My domestics ex boyfriend (father to her 3 children) moved from Gauteng to another province. Would he be expected to travel to Johannesburg to appear in court, and if he does not appear what are the implications?

    Our LawyerPosted on5:39 pm - Jan 17, 2019

    Good day
    Yes, he would be expected to travel to Johannesburg. If he is properly informed to appear, he can be arrested and brought to court.

TshegofatsoPosted on6:46 pm - Jan 17, 2019

Hi I’m 31 years old mother of a 13 year old girl I jst broke up with his daddy nd since from birth my parents were taking care of my bby until she was 12 years bcz his dad was not working,now tht he’s started working nd his earning well he wants me to follow nd berg him to support my kid bcz I’m now unemployed he support my child only when he likes he does things at his own tym he sends money whn he want so I want to knw if I cn take him to maintenance court or not cz I’m struggling whn I ask him to help my kid with what ever she needs

FransPosted on7:39 am - Jan 26, 2019

Good morning
My mom past away in 2012 after her funeral my stepfather abanded us..now I reported him to maintenance court to support his biological son and he says he want to take his biological son to his place.I was struggling with my younger brother for 7 years without any help from him…what should I do?

JohanPosted on12:45 pm - Jan 30, 2019

Hi i have 3kids supported then sonce birth as married but divorce and did still support them.The mother never work to help.Now she open accounts to buy her clothing while i buy for my kids and they om my medilcal aid go fetch them monthly with my own petrol and we staying 120km apart,found now that she got credit card and clothing account that is more 5oooo grand she know she os not working why she open accounts for her but using kids money.Using money to visit her bf .My daughter staying now in at boarding school due tp her not most ofthe time at home more at the bf .My 11yaer old kid still staying with her but want to stay with me.My son who finish matric stay now by me ,he is 19 years but she still want his support .am i allow to not pay supprt to of son.She tpld me now she gona go to court if i dont pay it .I do still support my 2other kids .im i allow to go to maintenance court so that she can assist me with kids.She actually living of kids money and there are never money for clothing and shcool wear when they need im the person buying schopl wear ,stationery,clothing ,pocket money for them ,collect them monthly on my costs,they on my medical aid ,took them on holidays ,what must i do pleaae assst because i know its my duty tp suppprt them but she always looking for extra monies .

    Our LawyerPosted on4:44 pm - Jan 30, 2019

    Good day
    We advise that you approach the maintenance court and the children’s court for advice on these issues. They would then advise you on what to do.

KeorapetsePosted on9:13 am - Feb 3, 2019

Hi. I have a 6 year old daughter and her father never paid child support since she was born. He doesnt have a permanent job but he sometimes do part time jobs and he has some projects hes working on that he does get paid for. He is refusing to get a job even when i send him adverts of advertised post he refuses to apply. When I ask his assistance which is once in a while he just ignores me. Will I get child support if he doesnt have a permanent job?

    Our LawyerPosted on12:03 pm - Feb 3, 2019

    Good day
    We advise you approach the maintenance court and lay a complaint. The Court would look at his conduct and determine whether it is reasonable or not. He would have to explain why he does not want to get a job. The Court would then force him to apply if he is not reasonable. You also have the option of claiming against his parents if he cannot afford to pay.

SibongilePosted on2:25 am - Feb 11, 2019

I’m thirty for a years my father kicked me out of home when I was seventeen nd and I could no longer finish college because my mother was unemployed and couldn’t pay. I tried doing random jobs so I could support the My self I worked in salons but I have no certificate and I want to know if I can take my father to court for back maintenance so I can study nd and have a degree or diploma in order to live better please let help. I will I have no source of income my father works in the defense force.

SibongilePosted on2:41 am - Feb 11, 2019

I’m thirty years my father kicked me out of home when I was seventeen and I could no longer finish college because I had to stay with my mother who was unemployed and couldn’t help pay. I tried doing random jobs so I could support My self I worked in salons cleaning but I have no certificate in life not even matric because my father took me a while out of normal private school to college because he wanted me to have a college diploma instead of National senior certificate but he met my setup mother and kicked me out of home since she didn’t want me there. I’d like to know if I can take my father to the maintenance court so I can study and have a degree or diploma in order to live better please help me. I have no source of income and my father works in the defense force.

SibongilePosted on2:49 am - Feb 11, 2019

I’m thirty years my father kicked me out of home when I was seventeen and I could no longer finish college because I had to stay with my mother who was unemployed and couldn’t help pay. I tried doing random jobs so I could support My self I worked in salons cleaning but I have no certificate in life not even matric because my father took me out of normal private school to college because he wanted me to have a college diploma instead of National senior certificate but he met my step mother and kicked me out of home since she didn’t want me there. I’d like to know if I can take my father to the maintenance court so I can study and have a degree or diploma in order to live better please help me. I have no source of income and my father works in the defense force.

WendyPosted on12:32 pm - Feb 15, 2019

Good day

i just wanted to find out a few things:
After i fill out the Application for Maintenance Order who do i send it to and how much will it cost for me to take my daughters father up for maintenance as she is 8 years old already and he has not supported her financially her whole life.
And can i do this online?

Please assist

Regards
XXX

SaromePosted on5:54 am - Feb 16, 2019

Hi there , I have already applied for maintenance. And I also signed an agreement on behalf of my daughter …but I was told to take it back to court. I have already attended 5 hearings but the father of my kid hasn’t…his lawyer keeps telling the court that he isn’t able to attend due to being overseas…can you please give some reassurance to how long will my case go on , since he is overseas on a holiday visa?? And isn’t going to attend our hearings. How long do you think this sort of procedure takes .. thanks 🙂 f

    Our LawyerPosted on6:36 pm - Feb 16, 2019

    Good day
    That question would depend on which court you are appearing in South African. Some courts are busy and others do not tolerate lengthy postponements. We would hate to guess, so it would be best to speak to the Maintenance Officer or Magistrate dealing with your matter.

isabelPosted on4:41 pm - Feb 20, 2019

My x-husband is only paying R1000 per month for 12 years now as well as her school fees, she is living with me and I am paying her medical aid. Can I go to the maintenance court?

    Our LawyerPosted on4:29 pm - Feb 21, 2019

    Good day
    A parent must pay according to their means. If you feel that he is not paying enough, you should take him to the maintenance court.

Nomasonto NdhlovuPosted on11:27 pm - Feb 20, 2019

Hi. I have to boys n their father would give excuses all the time when it comes to furring for his kids. Sometimes he would tell me that am using them jus for him to get back with me. His parents help sometimes in supporting the little but its not most of the time. He even asked his girlfriend to insult me n tell me that am forcing him to support kids that are not even his. I have proof of all the insults. Am currently unemployed n I was asking if I can claim child mentenaincy for my kids.

Our LawyerPosted on10:24 am - Feb 24, 2019

Good day
You would need to find out from the Maintenance office and the magistrate why they are allowing it. That may give you some clarity. They should explain to you their rationale. Obviously, if they do not follow proper procedure, you can appeal any decision, or take it on review if applicable.

RuthPosted on2:34 pm - Mar 7, 2019

Hello;

I do not know the father of my child’s ID number and I know his parents place (who wont communicate with me) but I don’t know where he stays. I have his number but he wont give me his details. What can I do?

AshleighPosted on12:56 pm - Mar 14, 2019

Good day i wonder if you could answer a question for me. I am 21 i have a 9 month old son, his father doesnt really support his child and doesnt visit often because he stays almost 2 hours away. Im scared to take him to maintenance court incase they say he needs to take the child ever second weekend, I have never stoped him from seeing his son and actually encourage him to visit more often but i feel he is too young to take him over night… Am i wrong? Will the court make me let him take him

    Our LawyerPosted on7:30 am - Mar 16, 2019

    Good day
    If you need maintenance you must apply. If he wants to see the child every second weekend, and you don’t agree, he must approach the court and the court would then decide what is best for the child.

OnaleronaPosted on2:18 am - Mar 21, 2019

I hv a two year old daughter wth my ex..his dad pays child cretch fees, buys grocery dt has outgrown the child stage I am nt satisfied wth grocery he buys.. I wasn’t assisted the clerk ddnt tk d mttr to me gist rate he said according to d law d father maintains the child yet he’s not buyin enough food fr a child nd my contract is abt to end as an Intern. Wat should I du?

OnaleronaPosted on2:29 am - Mar 21, 2019

I hv a two year old daughter wth my ex.. He pays fr cretch fees nd transport d child to cretch nd d child hv medical aid d problem is he’s d one buyin food fr our child he buys things that hv outgrown the stage of our baby nd d food is nt enough den decided to apply fr maintainanc order nd sent him a letter signed. C my I terns hip contract is ending.. Den on d day of court de clerk closed our file nd said she cnt tk d mttr to megistrate as according to the law the father is maintaining the child yet he’s not buyin relevant grocery nd clothes.. Wat should I du

OnaleronaPosted on11:55 am - Mar 21, 2019

Good day Can u explain further abt appealing the decision of a maintainanc official..

SimphiwePosted on9:34 pm - Mar 22, 2019

Hi I’m an unemployed single mom. My dilemma is that I need to apply for maintenance but it has been two years since my child has been born, the father has since deleted all contacts and changed/left the known place of work. Basically I have very little information about finding him. Can the courts help me with this?

AnonymousPosted on10:28 am - Apr 13, 2019

Hi, I am currently divorced with 2 kids. At the time of the divorce I didn’t claim any monetary values from my ex as we both agreed to support the kids in whatever they needed by sharing the costs equally. I moved out and I have custody of the kids.
My ex hasn’t come to the party of assisting financially with the kids. I am maintaining my own household plus seeing to the kids expenses. Can I still apply for maintenance even though we initially agreed not to in the divorce settlement?
Since the divorce we had agreed to sell the house which we both owned. The courts even granted this in the decree and that the house should be sold within a reasonable time after the divorce. I have since approached my ex on selling the house and he refuses to. I even asked him what is a reasonable time for him to sell the house as it is already 6 months since the divorce has taken place. Can the courts still rule in my favor of selling the house during the maintenance hearing? It seems like he doesn’t want to listen to anyone other than a legal authority and the only way he will sell is if the courts instructs him to again.

Please advise.

Thanks

    Our LawyerPosted on7:19 pm - Apr 13, 2019

    Good day
    You may still approach the maintenance court.
    On the issue of the house, if he does not want to sell it, the court can order him to do so. However not the maintenance court. You would need to consult with an attorney to assist you.

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