Maintenance Attorneys

When to hire a maintenance attorney

• The other parent refuses to contribute to your child's costs.
• An existing maintenance order is inadequate and needs variation upward.
• Your income has dropped and you need to reduce your maintenance obligation.
• Maintenance payments have stopped - you need enforcement (warrant, garnishee, criminal).
• You are divorcing and need interim spousal maintenance (Rule 43).

What to expect

You file a Form A complaint at the nearest Maintenance Court. A maintenance officer investigates, calls both parties for an inquiry, and the magistrate issues an order if agreement isn't reached. Orders can include monthly maintenance, medical aid contributions, and school fees. Enforcement options include emoluments attachment (garnishee), warrant of execution against property, and criminal prosecution for non-compliance.

Typical fees

Maintenance Court applications are free to lodge. Attorney fees for representation typically R3,000-R15,000 depending on complexity and number of appearances. Contested variations and enforcement can cost more.

Frequently Asked Questions