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What to Do If Your Ex-Partner Isn’t Paying Child Maintenance

Introduction

Raising a child comes with financial responsibilities, and when parents separate or divorce, child maintenance ensures both parties contribute to the child’s wellbeing. Unfortunately, it’s not uncommon for one parent to stop paying maintenance, placing an unfair financial burden on the other.

If your ex-partner isn’t paying child maintenance as agreed or ordered by the court, you have legal options to enforce those payments in South Africa. This article explains your rights and the steps you can take to resolve the situation.

What Is Child Maintenance?

Child maintenance is a legal obligation for parents to provide financially for their child’s basic needs, including:

• Food and clothing
• Shelter
• Education
• Healthcare
• Daily living expenses

Both parents, whether married, unmarried, or divorced, are responsible for supporting their child financially.

Steps to Take If Maintenance Isn’t Paid

If your ex-partner stops making child maintenance payments, you don’t have to accept the situation. Here’s what you can do:

1. Review the Maintenance Order

First, check whether there’s a formal maintenance order from the court or a private agreement. If it’s a court order, the other party is legally obligated to comply.

If you don’t have a formal order yet, you can approach the Maintenance Court in your area to apply for one.

2. Approach the Maintenance Court

You can visit your nearest Maintenance Court to report non-payment. Bring along:

• A copy of your maintenance order or agreement
• Proof of missed payments
• Your ID document
• Your child’s birth certificate
• Any supporting financial documents (bank statements, expenses, etc.)

You’ll be asked to complete a complaint form.

3. Apply for a Warrant of Execution or Garnishee Order

If the other parent still refuses to pay after being summoned to court, the court can issue:

• A Warrant of Execution: Authorising the sheriff to seize property (such as a car, furniture, or other valuables) to settle the outstanding debt.
• A Garnishee Order: Deductions can be made directly from the defaulter’s salary by their employer.

4. Contempt of Court

If a maintenance defaulter ignores court orders, they can be charged with contempt of court, which is a criminal offence. This could lead to:

• Fines
• Imprisonment (up to one year)
• Both

5. Keep Records

Always keep detailed records of:

• Payment dates and amounts received
• Missed or late payments
• Communication attempts

This documentation is important if the matter escalates to court action.

How Long Can You Claim Maintenance?

In South Africa, maintenance is payable until the child becomes self-supporting, not necessarily only until they turn 18. If the child is still studying, unemployed, or financially dependent beyond 18, maintenance can continue.

Final Thought

No child should suffer due to a parent’s failure to meet their responsibilities. South African law provides strong protections for children and legal recourse for parents left carrying the full financial load.

If your ex-partner isn’t paying child maintenance, you have options. 123Divorce.co.za can assist you in navigating maintenance disputes, applications, and enforcement actions, making sure your child’s rights are protected.