Although maintenance for the children is paid to the parent who has care of the children, maintenance is a right which the children have, not the parent. Both parents have a duty to support their children, including children who are illegitimate (according to civil law) such as children of Hindu or Muslim customary marriages. There is no longer a distinction made with children regarded as illegitimate.

When the court gives one of the parents custody, it usually also makes an order for the other parent to pay maintenance.

If a party does not pay maintenance for the children, even though the court has ordered this, then the other party can go to the Maintenance Court to have the order enforced. A maintenance order is an order of the court and so it is a criminal offence to break the order by not paying.

(See: Custody, guardianship and support of children) (See: Problem 5: Maintenance is not paid)