Introduction
Child maintenance is one of the most common and contentious issues arising between unmarried parents. A persistent misconception is that a parent’s obligation to maintain a child depends on marriage or contact rights. In South African law, this is incorrect. Both parents are legally obliged to support their child financially, regardless of whether they were married, in a relationship, or have ongoing contact with the child.
This article provides a comprehensive overview of child maintenance for unmarried parents, the legal principles governing maintenance, how maintenance is calculated and enforced, and the remedies available when disputes arise.
The Legal Framework
Child maintenance in South Africa is regulated primarily by:
- The Maintenance Act 99 of 1998; and
- The Children’s Act 38 of 2005.
These statutes, read with the Constitution of the Republic of South Africa, 1996, emphasise that every child has the right to adequate care and financial support. The obligation to maintain a child rests on both parents, according to their respective means.
Who Is Responsible for Paying Child Maintenance?
In terms of South African law:
- Both biological parents are legally responsible for maintaining their child;
- The duty exists regardless of marital status;
- The obligation continues even if one parent has no contact with the child.
Where one parent is unable to contribute financially, other family members, such as grandparents, may in limited circumstances also bear a maintenance duty.
What Does Child Maintenance Cover?
Child maintenance is not limited to a single monthly payment. It includes a proportionate contribution to all reasonable needs of the child, including:
- Food and accommodation
- Clothing
- Education and school-related expenses
- Medical and healthcare costs
- Transport
- Extramural and developmental activities
The standard applied is not luxury or punishment, but what is reasonable and necessary, taking into account the child’s lifestyle prior to the separation.