A person who fails to make payment in accordance with a maintenance order is guilty of a criminal offence and liable on conviction to a fine or even imprisonment.

A parent can lay a criminal charge against a person who is obliged to pay maintenance in terms of a court order. Although this step will likely result in a person’s arrest, it will not necessarily result in receiving payment.

Fine

Usually the defaulter cannot pay the fine, but even if he/she can, it is undesirable that the money should go to the state.

Imprisonment

The sentence for failure to pay maintenance arises from failure to obey a court order, which is a criminal offence. Defaulters can be imprisoned for a period not exceeding one year.

Suspended sentence

Suspended sentences are often imposed against defaulters. It is desirable that a sentence be suspended because someone who is sentenced to prison may lose his/her job, and will consequently be unable to maintain his/her dependents. One of the principal objects of the maintenance act is to ensure that minor children are properly supported by their parents and therefore it is often inappropriate to send transgressors to prison.

A court may make an order along the following lines: 60 days imprisonment, 50 days of which are suspended on condition that the accused:

• is not convicted of a similar offence during the period of suspension;
• pays the arrear maintenance at the rate of X amount per month; and
• pays the state for the sheriff fees

Correctional supervision

Claiming Maintenance

In order to claim for maintenance, you must first determine the reasonable needs of the child on a monthly basis taking into account all the expenses. Generally the child’s share of the common expenses in the household is determined by allocating one -part per child and two-parts per adult or older child.