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Navigating the Maintenance Act


One of the biggest challenges in blended families is figuring out child maintenance—who pays what, when, and how. It’s an issue that causes tension, legal battles, and, quite frankly, a lot of frustration. The reality is that many parents either don’t fully understand their responsibilities or, in some cases, actively avoid them.



This Saturday, from 6:00 AM to 8:30 AM, during our Blended Family Pyjama Talks, we’re tackling the Maintenance Act, 1998 (Act No. 99 of 1998). Breaking it down into real, practical terms so that you walk away informed and empowered. If you've ever struggled with maintenance payments (or the lack of them), this conversation is for you.


Why Child Maintenance Matters in Blended Families

The Maintenance Act exists to make sure that both parents contribute financially to their child’s needs, whether they are together or not. It’s not about personal disputes or who’s the better parent—it’s about the child’s well-being.

But in blended families, things can get complicated. You might be a biological parent trying to secure maintenance from a non-paying ex, a stepparent contributing financially without legal obligation, or dealing with a co-parent who has a “new family” and suddenly can’t afford to pay.

This law is here to protect children and ensure that financial responsibilities are shared fairly.


Key Sections of the Maintenance Act You Should Know


1. Section 2: The Duty to Maintain

Both parents—not just one—are responsible for financially supporting their child. How much they contribute depends on their financial circumstances, but there’s no escaping this responsibility.

💡 What this means for blended families:

  • If your co-parent remarries and has more children, they can’t just stop paying maintenance for their first child.

  • A stepparent is not legally responsible for maintenance, but many still contribute to household expenses—this should be a mutual agreement.


2. Section 6: How to Open a Maintenance Case

If a parent isn’t paying, you have the right to open a case at the Maintenance Court in the area where the child lives. The court will investigate and determine how much each parent should contribute.

💡 Why this matters:

  • Some parents avoid the court because they don’t want conflict, but maintenance is not a favour—it’s a legal obligation.

  • If you’ve been trying to get maintenance informally and nothing is happening, go the legal route.


3. Section 8: Maintenance Orders

Once the court reviews financial records and the child’s needs, it issues a maintenance order, which includes:

  • The amount the parent must pay.

  • The frequency of payments (e.g., monthly).

  • Additional financial contributions, such as school fees and medical aid.

💡 What blended families need to know:

  • If the paying parent only contributes some months and skips others, that’s a violation of the order.

  • If a co-parent refuses to pay for medical aid or school fees as part of the order, you can take legal action.


4. Section 21: Changing a Maintenance Order

Life happens. Parents lose jobs, children’s expenses increase, and financial situations change. The Act allows for modifications to the original maintenance order if needed.

💡 What this means for you:

  • If a parent suddenly claims they “can’t afford” maintenance, they must apply for a court-approved adjustment—they can’t just decide to stop paying.

  • If the child’s needs increase (e.g., new medical expenses, higher school fees), the receiving parent can request a higher maintenance amount.


5. Section 31: What Happens If a Parent Doesn’t Pay?

If a parent defaults on maintenance payments, the court has the power to:

  • Deduct the money directly from their salary (garnishee order).

  • Seize their property to recover unpaid maintenance.

  • Blacklist them with credit bureaus.

  • Sentence them to imprisonment for willful non-payment.

💡 Why this matters for blended families:

  • If your co-parent is refusing to pay, you don’t have to suffer in silence—legal enforcement exists.

  • The “I have a new family now” excuse doesn’t hold up in court.


6. Section 35: Enforcing Maintenance If a Parent Moves Overseas

Some parents think they can dodge maintenance by relocating. The law allows for reciprocal enforcement of maintenance orders in countries that have agreements with South Africa.

💡 Blended family impact:

  • If your co-parent moves abroad, they are still legally required to pay maintenance.

  • If they stop paying, you can request legal assistance to enforce the order in their new country.



Common Maintenance Myths That Hurt Families

❌ "Only fathers pay maintenance."Both parents share this responsibility. If a father has primary custody, the mother can be ordered to pay maintenance too.

❌ "If I don’t see my child, I don’t have to pay."Access to a child and financial support are separate legal issues. A parent who is denied visitation must still pay maintenance.

❌ "Maintenance amounts never change."If your financial situation improves or worsens, you can apply for a change in the maintenance order.

❌ "I’ll stop paying because my ex is remarried."A parent’s new marriage does not affect their existing maintenance responsibilities.



How Blended Families Can Handle Maintenance Disputes

  • Have clear financial expectations. If you’re blending finances with a new partner, be upfront about how maintenance obligations impact your household.

  • Don’t rely on verbal agreements. Many parents start off agreeing on an amount informally, only for payments to suddenly stop. Always formalise maintenance through the courts.

  • Know your rights. If your co-parent refuses to pay, don’t wait—take action. The longer you delay, the harder it is to enforce.

  • Stepparents, set boundaries. While you may choose to contribute financially, remember that you are not legally responsible for maintenance. Have open conversations about what you can and cannot commit to.


Join Me Live This Saturday Morning!

During this week’s Blended Family Pyjama Talks, we’ll be tackling:

  • Step-by-step guide to filing a maintenance claim

  • How to handle a co-parent who refuses to pay

  • What to do if maintenance payments stop unexpectedly

  • Your legal rights and options


Whether you're a parent fighting for maintenance, a stepparent figuring out your role, or just someone wanting to understand the law better—this session is for you.


Live from 6:00 AM to 8:30 AM!

Let’s make sure our children get the support they deserve. See you there!

Yours in love,Blended Families South Africa

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Hi, thanks for stopping by!

I am Zama Mkhize, your host for this website. I am looking forward to thriving with you, your young ones and your families. I am an African mom raising a strong beautiful African princess. I take pride in being black and African, and love to help people live to their full potential and prosper.

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