How to Enforce a Maintenance Order in South Africa

Failure to Pay Maintenance Is a Criminal Offence

If a person has been ordered by a court to pay maintenance and fails to do so, this is not a minor civil dispute. In South Africa, failure to pay maintenance in terms of a court order is a criminal offence and may lead to prosecution, fines, and even imprisonment for up to three years.

At Barter McKellar, we regularly assist clients with the enforcement of maintenance orders. Whether you are owed child maintenance or spousal maintenance, we are equipped to take firm action on your behalf through the appropriate legal channels.

What Is a Maintenance Order?

A maintenance order is a formal ruling by a court that requires one party to pay financial support to another. This typically involves maintenance for a minor child, but may also include spousal support.

The order sets out:

• The amount to be paid

• How often payments must be made

• Who the money must be paid to

• Where or how the money must be paid

Once issued, the order is binding and must be followed exactly.

Ways to Enforce a Maintenance Order

If the person responsible does not pay, there are several ways to ensure the order is enforced under South African law. These include both civil and criminal remedies.

Approach the Maintenance Court

You can approach your local maintenance court to lodge a formal complaint. A maintenance officer will investigate the matter and issue a notice requiring the defaulting person to appear in court to explain the non payment.

If the explanation is unsatisfactory, the court may proceed with further enforcement actions.

Attachment of Salary

You can apply for an order that allows maintenance to be deducted directly from the salary of the person who owes you. This is called an attachment of emoluments.

The employer will be directed to pay part of the salary to you each month until the arrears are settled or the order is complied with in full.

Attachment of Property

You can request a writ of execution to attach property belonging to the defaulting person. A sheriff will then seize and sell assets such as vehicles, furniture, or valuables. The proceeds will be used to settle the outstanding maintenance.

This option is often used when the defaulting party is self employed or has no fixed income.

Attachment of Debts

If the defaulting party is owed money by someone else, the court may order that the money be paid to you instead. This is known as the attachment of a debt. This remedy is useful where the defaulting person is in business or awaiting payment from a third party.

Why Choose Barter McKellar

• We are experienced in urgent and complex maintenance enforcement matters

• We offer clear advice on the best route for recovery based on your specific circumstances

• We represent clients in both Cape Town and Johannesburg

• We act swiftly and discreetly with a focus on results

Do Not Wait to Act

Every month that goes by without payment can place financial strain on you and your child. The law offers clear remedies for enforcement. The sooner you act, the better your chances of recovering what is owed.

If you need help enforcing a maintenance order, contact Barter McKellar today for clear and effective legal support.

Book a consultation now and take the first step toward resolution.