Application to change the amount of maintenance

If the amount paid for maintenance has become insufficient, you can request it to be changed. You can also request to change the amount if you are the payer of maintenance and can no longer afford to pay the amount of money required.

For more information, go to the Department of Justice and Constitutional Development.

Steps to follow

If you are the person who receives maintenance:

  • Apply at the magistrate's court situated in the district where the person who pays the maintenance lives.
  • Complete the relevant application form and submit it together with a statement of income and expenditure to the maintenance officer.

If you are the person who pays the maintenance but can no longer afford the amount:]

  • Apply for the amendment of the order at the magistrate's office in the district where the recipient of the maintenance lives.
  • Complete the relevant form and submit it to the maintenance officer.
  • Submit a complete statement of income and expenditure, as well as a statement explaining the reasons for the application, to the maintenance officer regardless of whether you are the recipient or the payer of the maintenance money. The same process as when a claim for maintenance is first instituted will then be followed.

Cost

Unless the sheriff asks for an advance to enable him or her issue an execution order for maintenance, there will be little or no cost at all.

Forms to complete

  • Form A: Application for Maintenance Order
  • Form B: Substitution or Discharge of existing Maintenance Order
  • Form C1: Subpoena in terms of Section (9)(2) of the Maintenance Act, 1998 (Act No. 99 of 1998)
  • Form C2: Subpoena in terms of Section (9)(2) of the Maintenance Act, 1998
  • Form D: Notification to admit Statements by Witnesses
  • Form E: Maintenance Order in terms of section 16 of the Maintenance Act, 1998
  • Form F: Notice to make Maintenance Payments on behalf of person against whom Maintenance Order was made
  • Form G: Consent and Maintenance Order in terms of section 17 read with Section 16 of the Maintenance Act, 1998
  • Form H: Order by Default and Notice in terms of Section 18 read with Section 16 of the Maintenance Act, 1998
  • Form I: Application for Variation/Setting Aside of an Order by Default in terms of Section 19 (4) of the Maintenance Act, 1998
  • Form J: Notice in terms of Section 19 of the Maintenance Act, 1998
  • Form K: Application for Enforcement of Maintenance or other Order in terms of Section 26 of the Maintenance Act, 1998
  • Form L: Warrant of execution against Property in terms of Section 27 of the Maintenance Act
  • Form M: Application for Setting Aside of a warrant of Execution in terms of section 27(3) of the Maintenance Act, 1998
  • Form N: Application for Suspension, Amendment or Rescission of an Order for the attachment of Emoluments in terms of Section 28(2) of the Maintenance Act, 1998
  • Form O: Notices to and by Employer in terms of Section 29 of the Maintenance Act, 1998
  • Form P: Application for Suspension, Amendment or Rescission of an Order for the attachment of Debts in terms of Section 30(2) of the Maintenance Act, 1998
  • Form Q: Complaint of Failure to comply with a Maintenance Order for purposes of Section 31(1) of the Maintenance Act, 1998