I need to apply for child maintenance. What questions should I ask at the first consultation?

Key takeaways

• Make the lawyer classify the route before discussing strategy.
• Test the expense calculation, evidence quality and both parties' means.
• Disclose existing orders, paternity, service, safety and cross-border issues early.
• Separate the free court process from the scope and cost of private representation.
• Leave with dated actions, owners and evidence gaps—not only general advice.

How to use this guide

You do not need an attorney for a maintenance application to be processed: the 2026 Department of Justice FAQ says the maintenance clerk can assist and the court service is free. A consultation is most valuable when the matter is disputed or complex, not when it merely repeats the official checklist.

1. Start with the route question

Ask: “Is this a first application, a change to an existing order, or enforcement?”

Bring every existing order, application, subpoena, divorce document and court reference. The official maintenance forms distinguish Form A, J101, for a first order from Form B, J107, for substitution or discharge and Form K, J306, for enforcement. Using the wrong description can waste the first consultation and create an inaccurate task list.

Follow with:

• Which court should receive the matter, and why?
• Does an existing case or order control the forum?
• Is there a deadline, court date or unpaid period needing immediate action?
• Which official form is likely to apply?
• What should be confirmed with the maintenance clerk before filing?

The process-focused article on understanding the next maintenance step provides a stage map you can mark during the consultation.

2. Ask what must be proved about the child’s needs

Do not ask only, “How much can I claim?” Ask how each requested amount should be calculated and supported.

Useful questions include:

• Which expenses are clearly the child's and which need an allocation from household costs?
• How should annual school, medical or activity costs be converted into a monthly schedule?
• How should variable, once-off or future costs be handled?
• Does the proposed amount include direct payments or non-cash support?
• Which invoices, statements and receipts are the strongest evidence?
• Are any items duplicated, unexplained or out of date?

The Maintenance Act requires a fact-specific enquiry. Department of Justice guidance explains that the child's needs and the responsible persons' financial means matter. A lawyer cannot responsibly produce a reliable figure from a single total with no supporting method.

Use the maintenance documents checklist before the meeting and keep a separate list of gaps.

3. Ask how both sides’ means will be addressed

Prepare recent bank and income records, a personal income-and-expenditure statement, and a note explaining irregular deposits or unusual expenses. Then ask:

• What period of financial records is appropriate for these facts?
• How should self-employment, commission, cash income or business expenses be analysed?
• What information about the respondent is confirmed, inferred or unknown?
• Can the maintenance officer or investigator assist with missing financial information?
• Which allegation requires evidence before it should appear in papers or testimony?
• How should a genuine change in income be documented?

Do not ask a lawyer to convert suspicion into fact. The maintenance process gives designated officials investigation functions. Preserve lawful evidence and identify missing information precisely.

The child-maintenance evidence article explains how to maintain provenance for income, expense and contribution records.

4. Identify disputes that can change the case

Tell the lawyer at the beginning if any of these apply:

• paternity or another maintenance obligation is disputed;
• the respondent's address is unknown or service has failed;
• there is domestic violence, harassment, intimidation or a safety plan;
• the child has significant medical, disability or educational needs;
• another court case involves the same child or financial issues;
• an existing order is unclear, contradictory or already under challenge;
• the respondent or applicant is outside South Africa; or
• a subpoena, hearing date, default order or enforcement step already exists.

Ask which issue must be dealt with first and whether a specialist, additional court process or urgent protection measure is needed. Maintenance and contact are separate legal issues; do not use one as leverage in the other.

For the service category, see maintenance disputes. For broader child and family issues, use the family-law hub.

5. Ask how the enquiry or hearing will work

The 2026 Justice FAQ describes an informal enquiry conducted through the maintenance office and a formal hearing before a magistrate when the parties do not agree on the amount. Ask the lawyer:

• Which stage is currently scheduled?
• Who will ask questions and what evidence must be available?
• Can an agreement be placed before the magistrate as an order?
• What happens if a party does not attend or produce requested documents?
• Which calculations are likely to be disputed?
• Does the lawyer recommend representation at the next event or only preparation beforehand?

Request a plain explanation of what the next date can and cannot decide. A consultation is incomplete if you leave with only “go to court” and no purpose for the appearance.

6. Ask about agreement terms before negotiating a number

If settlement is possible, ask what the written terms must cover besides a monthly cash amount. Questions may include:

• What is the effective date and payment day?
• How will EFT references and proof of payment be handled?
• Who pays school, medical-aid, uninsured healthcare and extraordinary costs?
• Are percentages, caps, notice requirements or reimbursement periods clear?
• What happens to existing arrears?
• How can the agreement be presented to the magistrate for confirmation?
• Which changes require a later court variation?

Use the dedicated maintenance-agreement checking guide before signing. Do not assume an informal message has the same status as an issued court order.

7. Clarify the lawyer’s scope and fees

The court application itself is free and representation is not required. A private lawyer's work is a separate service. Ask for written clarity on:

• whether the fee covers advice, document review, calculations, drafting, correspondence, negotiation or appearance;
• which court dates are included;
• whether counsel, experts, tracing, travel, copies or other disbursements may arise;
• who will work on the file and who can answer procedural questions;
• how deposits, invoices and unused funds are handled; and
• which tasks remain your responsibility.

Do not choose representation on a promised outcome. Ask how the advice is grounded in the Act, current court material and your evidence.

8. End with a written next-action list

Before leaving, confirm:

1. the route and court;
2. the immediate deadline or date;
3. the document gaps;
4. the next form or court interaction;
5. the lawyer's defined scope;
6. your own tasks; and
7. the point at which advice must be revisited.

Record disputed advice separately and ask for the applicable source. If you have not yet selected a representative, find lawyers by relevant practice context rather than relying on a marketing claim.

FAQs

Related Lexuno paths

Related articles