Child Maintenance Application: Evidence and Records to Keep

Key takeaways

• Separate the child’s needs from the applicant parent’s personal expenses.
• Show how each monthly figure was calculated and attach the strongest available proof.
• Preserve payment records and respondent contact or work details that may assist the court process.
• Use the current Justice checklist and J101 form rather than an informal online template.

What the maintenance application needs to show

A useful evidence pack answers two different questions: what the child reasonably needs, and what the people responsible for maintenance can afford to contribute. A receipt proves a purchase, but it does not by itself explain whether the cost is recurring, which child it relates to, or how it fits into the monthly amount requested.

The Maintenance Act governs maintenance complaints, investigations and orders. South African Government guidance says parents or guardians must maintain children in the proportions they can afford. The amount is not determined by a single website formula. The maintenance officer and, where necessary, the court need reliable information about needs, income, expenses and the facts of the particular matter.

Start with the official application pack

The Department of Justice’s current maintenance material identifies Form A, J101, as the application for a maintenance order. The Justice child-maintenance checklist asks an applicant to bring:

• an identity document, passport, driving licence or immigration permit;
• certified copies of the child or children’s birth certificates;
• the latest three months of bank statements;
• the latest three months of payslips or a signed employer letter confirming income;
• the full name of the person responsible for paying maintenance;
• that person’s physical or work address;
• a list of income and expenditure with supporting records such as grocery slips, school expenses, medical costs, clothing accounts, travel costs and utility bills; and
• a divorce decree if the application arises after divorce.

Check the current form and local maintenance-office requirements before attending. Do not postpone the application merely because one item is not yet available: the Justice checklist expressly says unavailable documents can be brought later or on the hearing date and should not prevent completion of J101.

Build a child-expense schedule

Use a separate row for each expense category. Record the child, supplier or service, amount, frequency, period covered, how the monthly amount was calculated and the supporting document. Mark estimates clearly and update them when reliable proof becomes available.

Depending on the child’s actual circumstances, the schedule may include:

• food and household consumables;
• clothing and footwear;
• school fees, stationery, uniforms, transport and agreed activities;
• medical-aid contributions attributable to the child, uninsured care and medication;
• childcare or aftercare;
• transport required for school, healthcare or ordinary care;
• a reasonable housing and utilities allocation; and
• other recurring needs supported by the child’s circumstances.

Avoid double counting. An annual school charge, for example, may be shown with the invoice and a clearly explained monthly equivalent, but it should not also appear as a separate monthly debit unless both are genuinely payable.

Match each amount to useful proof

Use the most direct record available: an invoice, fee statement, bank transaction, medical statement, contract, account or receipt. Keep several months where a cost varies. For cash spending, retain dated receipts and a short note identifying the child and purpose; do not create a false receipt or alter the supplier’s record.

Some household costs support more than one person. Keep the full bill and explain the allocation method separately. Do not crop or edit the original to make it appear that the entire amount belongs to the child.

Record income and personal expenditure separately

Prepare an honest statement of the applicant’s income, assets where requested, and personal or household expenditure. Attach the recent bank statements and proof of income called for by the official checklist. If income is irregular, gather a longer period of invoices, payment confirmations or business records and ask the maintenance officer what is required.

Do not omit grants, regular support, benefits or other relevant receipts merely because they are not salary. Equally, do not treat every bank deposit as income without explaining transfers, reversals or once-off amounts. The J101 form requests particulars of assets and income and expenditure supported by documentary proof where possible.

Keep a contribution and non-payment history

Create a dated list of amounts paid for or received for the child. Match it to bank statements, payment references, receipts or messages. Distinguish cash maintenance from direct payment of school, medical or other expenses. If payments were missed or changed, record dates and amounts rather than describing the history only in general terms.

Preserve complete conversations that record proposals, payment arrangements or requests for information. A selected screenshot can lose the date, sender or surrounding context. Export the lawful record where possible and keep the original device or account copy intact.

Identify the respondent accurately

Record the respondent’s full name and any lawfully known identity, telephone, physical, residential and work details. The official checklist specifically asks for a physical or work address. State which details are confirmed, which are old and where they came from. Do not impersonate anyone, access a private account or contact an employer under a false pretext to fill a gap.

The maintenance officer and investigator have statutory roles in gathering relevant information. Give them a precise list of missing information rather than guessing or placing unverified allegations in the expense schedule.

Existing orders and related proceedings

If there is an existing maintenance order, divorce order, settlement, parenting plan or pending court case, keep the complete signed or issued document and its case number. A first application, a variation of an existing order and enforcement of arrears use different forms and processes. Confirm which route applies before using J101 simply because it is labelled “maintenance”.

Keep proof of payments under an existing order and a separate arrears calculation. This article concerns records for an application; it does not calculate arrears or decide whether enforcement, substitution, discharge or a new application is legally appropriate.

What happens at the maintenance office

The 2026 Justice maintenance FAQ says an applicant may approach a local Magistrate’s Court where the complainant lives or works. A maintenance clerk can assist with the application, and the court service itself is free; an attorney is not required for the application to be processed.

The maintenance officer may conduct an informal enquiry and gather financial information from the parties. If the parties agree on an amount, an agreement may be presented to the magistrate. If they do not agree on the maintenance amount, a formal hearing may be held. The evidence pack should therefore remain organised and updateable after the first visit.

Protect the child’s information

• Keep identity numbers, birth certificates, school records, medical records and bank details in an access-controlled folder.
• Share only through the court, a verified legal representative or another authorised channel.
• Do not publish the dispute, the child’s records or the respondent’s personal information on social media.
• Keep an unedited source copy and a separate working copy used to mark or sort evidence.
• Record when a document was submitted and retain proof of submission where available.

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