What Happens at a Maintenance Court Enquiry in South Africa?

Getting a summons to a maintenance enquiry is stressful, whether you are the parent asking for maintenance or the one being asked to pay. What actually happens on the day? Who asks the questions? Do you have to face your ex? This guide walks through a maintenance court enquiry in South Africa step by step under the Maintenance Act 99 of 1998, so you know what to expect and what to bring.

What is a maintenance enquiry?

A maintenance enquiry is the hearing at which the maintenance court decides whether to make, change or cancel a maintenance order. It starts with a complaint: usually an application for a new order on Form J101, or an application to substitute or discharge an existing order. Before the enquiry, a maintenance officer investigates the complaint and tries to help the parents agree. If they don't, the matter goes to a magistrate sitting as the maintenance court.

The process, step by step

1. Complaint lodged. The applicant completes Form J101 at the maintenance court, with a statement of their income, assets and monthly expenses.
2. Investigation. The maintenance officer reviews the complaint and can gather information, including from employers and banks.
3. Summons or subpoena. The other parent is summoned to appear on a set date and to bring proof of their income and expenses.
4. Pre-enquiry meeting. On the day, both parents usually meet the maintenance officer first. Many cases settle here.
5. Consent order or formal enquiry. If you agree, the agreement is made an order of court by consent. If not, the matter is set down before the magistrate, sometimes on the same day, often on a later date.
6. Order. The magistrate hears both sides and makes an order, or dismisses the complaint.

What to bring

• Your ID and the child's birth certificate
• Your summons or case reference number
• Your three most recent payslips, or proof of income if self-employed
• Your last three months of bank statements
• Proof of the child's expenses: school fee statements, medical aid certificate, invoices and receipts
• A written monthly budget showing the child's costs, with shared household costs split fairly (see below)
• Any existing maintenance order or written agreement, and proof of payments made or received
• Copies of everything: one for you, one for the other parent, one for the court

Our guide on documenting expenses for court shows how to organise this into a bundle the magistrate can follow quickly.

Meeting the maintenance officer

The maintenance officer is not a judge. Their role is to investigate and to help the parties reach a fair agreement. Expect them to go through both parents' income and expenses, ask how figures were worked out, and suggest an amount that seems reasonable on the evidence.

You are not obliged to accept a proposal you think is wrong, but listen carefully. An officer who has seen hundreds of cases is often a good guide to what a magistrate would order. If you agree, the officer prepares a consent order, which the magistrate makes an order of court. It is just as binding as an order made after a contested hearing.

The formal enquiry before the magistrate

If there is no agreement, the enquiry becomes a court hearing, although it is less formal than a civil trial:

• Both parents give evidence under oath about their income, expenses and the child's needs.
• The other parent, or their attorney, can ask you questions to test your figures, and you can question them.
• Documents are handed in and examined. Unsupported or inflated figures are quickly discounted.
• You may call witnesses, and you may have an attorney, but you don't need one. Many parents represent themselves. See our guide to self-representing in maintenance court.

Address the magistrate as "Your Worship", answer the question that was asked, and keep the focus on the child's needs rather than the history of the relationship.

How the court decides the amount

The magistrate works out the child's reasonable monthly needs and then decides how those needs should be shared between the parents according to their means. Shared household costs such as rent and groceries are commonly apportioned by counting each adult as two portions and each child as one, so only the child's portion counts. See how the apportionment formula works. The child's total is then split between the parents in proportion to their incomes.

Example: the child's reasonable needs come to R 8,000 a month. The mother earns R 20,000 and the father R 30,000, so the father carries 60%: R 4,800 a month. You can test your own numbers in the free child maintenance calculator.

What if the other parent doesn't show up?

If the other parent was properly summoned and doesn't appear, the court can make a maintenance order in their absence, called an order by default. They can later apply to have a default order set aside, but in the meantime it is enforceable. Not appearing after being summoned can also be an offence in its own right.

After the order

The order sets out the amount, the payment date and how it must be paid. It may also include an annual increase and require the payer to cover items like medical aid or school fees directly. If payments stop, you can apply for enforcement, including attaching the payer's salary. The maintenance arrears calculator works out exactly what is owed, and our guide to enforcing maintenance orders explains the options.

An order is not permanent. If either parent's circumstances change materially, either can apply to the court to substitute or discharge it.

Frequently Asked Questions

Do I have to be in the same room as my ex at a maintenance enquiry?

Usually both parents attend the meeting with the maintenance officer and the hearing. If there is a protection order or you fear for your safety, tell the maintenance officer before the day. Courts can make arrangements so you don't have to sit together.

How long does a maintenance enquiry take?

A settled matter can be finalised in a single day. Contested matters are often postponed, for example so that the other parent can produce documents, and can take several months. See how long a maintenance case takes.

Do I need a lawyer for a maintenance enquiry?

No. The maintenance court is designed to be used without legal representation, and the maintenance officer helps both parties. You may still use an attorney, particularly if the matter is complex or the other parent has one.

Can the court order maintenance backdated to when I applied?

The court has a discretion over the date from which an order runs. Raise it with the maintenance officer if you want maintenance from the date of your application. See retrospective maintenance claims.

Walk in prepared, not panicked

The best way to reduce enquiry-day stress is to arrive with accurate, well-organised figures. MMaintenance builds a defensible monthly budget from your real expenses, splits shared costs using the portions method, and can read your bank statements to find recurring costs automatically. Your figures flow into a Form J101 budget and a court-ready schedule. Create your free account and prepare for your enquiry with confidence.