The Maintenance Court is situated in the Magistrates’ Court. A parent who does not receive maintenance from the other parent can approach the Maintenance Court to make an application for Maintenance. There is a Maintenance Officer in charge of the Maintenance Court. It is not necessary to have an attorney to claim maintenance. The Maintenance Officer will help you to fill in the necessary forms.

If one of the parents of the child refuses to pay maintenance then the case must go to the Maintenance Court. If so, the Maintenance Officer will give details on when to appear in court and which court to go to.

If the parent is unable to pay maintenance for the child, an application can be made to claim maintenance from that person’s parents. The Maintenance Court will make an order regarding maintenance if it is in the best interests of the child.

If the complainant has a maintenance order, and the other parent has defaulted in paying the maintenance in terms of the order, then the complainant should report the matter to the Maintenance Court. If the matter has been reported to the Maintenance Court and cannot be resolved, it will be sent to the Criminal Court.

The Maintenance officer will inform you about all the procedures that should be followed. When the matter is at the Criminal Court a prosecutor will be appointed to deal with it. The prosecutor will then prosecute the defaulting party. The matter will then proceed as a criminal case.

(See: Problem 4, Getting Child Maintenance Through the Maintenance Court)