South Africa
Child Maintenance Agreement
R449
Create a child maintenance agreement recording monthly support, school fees, medical expenses, transport, clothing, activities, annual increases, payment dates, and review terms.
A Child Maintenance Agreement records how parents or responsible persons will contribute to a child’s financial needs. It may cover monthly maintenance, education, medical expenses, transport, clothing, childcare, extracurricular activities, and annual increases.
South African legal context (2026 checklist)
Parents have a duty to maintain their children according to their means and the child’s reasonable needs. A private agreement is useful, but court or maintenance-court processes may be necessary where enforcement, variation, or formalisation is required.
- Maintenance Act 99 of 1998
- Children’s Act 38 of 2005
- Constitution of the Republic of South Africa, 1996, section 28
- Divorce Act 70 of 1979, where divorce is involved
- Mediation in Certain Divorce Matters Act 24 of 1987
Use this as a starting point only. Verify current gazetted amendments, tribunal rules, and SARS / DOL circulars that may apply to your matter.
Typical questions we'll walk you through
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Who are the parents or responsible parties?
What are the children’s details?
What monthly maintenance amount will be paid?
When and how must payment be made?
Who pays school fees, uniforms, books, transport, and activities?
Who pays medical aid and medical shortfalls?
Will maintenance increase annually?
When will the agreement be reviewed?
What happens if payment is missed?
Should the agreement be made an order of court?
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