• His or her parents, whether married, living together, divorced or separated, including adoptive parents;

• His or her grandparents, whether or not the child’s parents were married to each other. However, this duty will fall on the grandparent when the parent is not able to financially maintain their child. When both parents are unable to maintain their child, the paternal- and maternal grandparents will be jointly responsible to maintain the child.

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The legal system views payment of maintenance as a very serious responsibility since a child’s best interest is at stake if a parent does not maintain their child. There are serious consequences when a parent refuse or fail to maintain their child.

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Parents who violate a maintenance order will be held liable in various ways including contempt of court proceedings, civil proceedings and criminal proceedings. Parents will further be held liable for arrear maintenance that was not paid in accordance with the court order.

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Enforcement of Maintenance Orders

 

Obtaining a maintenance order does not ensure automatic payment by the Respondent in terms of the court order. Sections 26 – 30 of the Maintenance Act 99 of 1998 provides for the following remedies to enforce maintenance court orders:

 

• Application to court for the execution against the property of the person who is in arrears with maintenance;

 

• Application to court to have the emoluments of the person attached. An emolument is any salary, fee, profit or income received from being employed and the court may attach any current emolument or emolument in the future owing or accruing to the person against whom the maintenance order was granted.

 

• Attachment of debt owed to the defaulting party. The debt must be owed by a third party or be owed in in the future or an accruing debt.

 

• Criminal proceedings. A person in whose favour the maintenance order was granted can approach the Maintenance Court and submit a criminal complaint. A state prosecutor will issue a summons and pursue criminal charges against the defaulting party. The defaulting party risks imprisonment, a fine, or both when convicted.