Legal Issues

Maintenance Act, 1998 (Act No. 99 of 1998) and related Regulations

Service standard

You will be treated equally, humanely and with dignity.

Complaints will be treated as quickly and as efficiently as possible.
There is no prescribed time frame for this service. The entire process, from submitting your application to receiving your first maintenance payment, may take several weeks, depending on the cooperation of both parties.

Witnesses who attend the proceedings, including the person who claims maintenance, are entitled to prescribed subsistence and travelling allowances. However, the court will decide at its own discretion whether such an allowance will be paid to the person against whom a maintenance order may be made.

The person who is claiming maintenance must apply to the maintenance officer for the payment of witness fees.

Cost

This is a free service.

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