Arrears maintenance in South Africa: how to claim what's owed
What legal steps you can take in South Africa if the other parent stops paying court-ordered maintenance - civil enforcement remedies, criminal prosecution, credit bureau blacklisting, and the documents you need for court.
By The Jointly Team · 31 August 2026 · 6 min read
General information, not legal advice. For guidance on your situation, contact a mediator, family-law attorney or the Office of the Family Advocate.
What legal steps can I take in South Africa if the other parent stops paying court-ordered maintenance?
If the other parent fails to comply with a court-ordered maintenance agreement for more than 10 days, they are in default under the Maintenance Act 99 of 1998. You have two primary legal avenues in South Africa: civil remedies to recover the unpaid money and criminal proceedings for non-compliance.
1. Civil enforcement remedies
To recover unpaid arrears, visit the Maintenance Court where the order was granted or where you reside. Complete Form K [J306] (Application for Enforcement of Maintenance Order under Section 26) and submit it alongside bank statements proving non-payment. You can request one of three civil remedies:
Emoluments Attachment Order (EAO)
Commonly referred to as a garnishee order. The court orders the defaulter’s employer to deduct both the monthly maintenance and a portion toward the arrears directly from their salary and pay it directly to you or the court.
Warrant of Execution Against Property
The court authorizes a sheriff to attach and sell the defaulter’s movable assets (such as vehicles, furniture, or equipment) at a public auction to pay off the outstanding debt. If movable property is insufficient, the court may allow execution against immovable property (real estate).
Attachment of Debt
If a third party owes money to the defaulting parent (for example, a pending payout, tenant rent, fixed deposit, or business invoice), the court can direct that third party to pay those funds directly toward the maintenance debt.
2. Criminal prosecution
Under Section 31 of the Maintenance Act, failing to comply with a court order is a criminal offense.
- How to proceed: File a criminal complaint at the Maintenance Court or local SAPS station using the prescribed Section 31 complaint form, attaching a certified copy of the court order and proof of default.
- Consequences: If found guilty, the court can sentence the defaulting parent to a fine, imprisonment for up to 1 year, or both. The criminal court may also grant a civil judgment for the arrears simultaneously.
- Defaulter’s defense: To avoid conviction, the defaulter must prove to the court that non-payment was caused by a genuine lack of income/means rather than deliberate refusal.
3. Blacklisting and credit bureau reporting
The Maintenance Officer or court can report the defaulting parent to credit bureaus. This blacklisting prevents the defaulter from getting loans, vehicle financing, store accounts, or credit cards until the maintenance arrears are cleared.
What documents to take to court
When lodging an enforcement complaint, bring:
- Certified copy of your South African ID.
- Certified copy of the existing Maintenance Order.
- Stamped bank statements showing the missing payments.
- A written schedule listing exact missed dates and the total accumulated arrears.
- The respondent’s latest employment details, physical address, and bank details (if known).
How Jointly helps
When a parent stops paying maintenance, the biggest challenge is proving your case in court with clean, undeniable records. Using a dedicated co-parenting app like Jointly removes the hassle of sorting through old bank statements and lost receipts by automatically generating timestamped, audit-ready financial reports. By keeping your expense requests, proof of payment, and co-parenting communications organized in one secure place, Jointly gives you the clear, admissible documentation needed to enforce your court order quickly and protect your child’s financial future.