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Maintenance is one of the biggest issues that arises once a marriage relationship has broken down. Often, one party is left without an adequate monthly contribution towards the normal day-to-day expenses of the children and household.

The amount of maintenance that may be awarded is dependent on the unique situation of the parties particularly, the standard of living, income and means of the persons who are obliged to pay. There is also a distinction between spousal maintenance and maintenance for a child.

Child Maintenance

There is a legal duty of support on both parents to support their child according to his/her respective means. This means that during a maintenance investigation or negotiation, the reasonable expenses of the child are calculated and thereafter the income and expenses of both parents will be scrutinised. The parties can negotiate and agree on a reasonable maintenance amount to be paid and this will become a Court Order. Alternatively, if there is no agreement, the matter can be argued in Court.

How can we help you?

Approaching the Maintenance Courts in South Africa can seem a daunting and somewhat endless exercise. We at Difford Underwood Inc we can help you navigate the maintenance court system. Combined, we have over 30 years’ experience in the field of maintenance and will do our very best when representing you in Maintenance Court.

Below is a list of documents that will be required by the Court in order to conduct a Maintenance Enquiry:

  1. personal bank statements (3 months)
  2. copy of your identity document
  3. birth certificates of all children
  4. proof of residence – water and electricity bill or rental agreement
  5. recent personal salary advice slip
  6. copies of any existing maintenance orders
  7. list of reasonable monthly expenses
  8. documentation in support of these expenses
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