I need to apply for child maintenance. What should I check before signing any agreement?

Key takeaways

• Identify whether the document is a proposal, signed agreement or court order.
• Make the monthly amount and every separate cost category traceable.
• Specify dates, payment method, proof, arrears and the effective period.
• Do not privately override an existing order or link support to contact.
• Keep the signed document and the magistrate's issued order separately.

How to use this guide

Do not sign a vague monthly number that leaves the expensive or disputed items to future argument. Read the complete document, correct factual errors in writing and keep the signed version and issued court order as separate records.

1. Confirm which legal document you are signing

Ask whether the document is:

• a private proposal that has not been accepted;
• a settlement between the parties;
• an agreement drafted during the maintenance enquiry;
• a consent intended for confirmation by a magistrate;
• a variation of an existing order; or
• the maintenance order itself.

The 2026 Department of Justice FAQ says that where the parties agree on the maintenance amount, the maintenance officer may draft an agreement to be signed and present it to the magistrate. The magistrate may confirm it as an order of court. Do not describe a private draft as an order before that step occurs.

If an order already exists, bring it to the signing meeting. A new private arrangement does not automatically erase the court record. The maintenance order glossary explains why the distinction matters.

2. Verify the parties, children and authority

Check the full names, identity details where appropriate, child's name and date of birth, and the capacity in which each adult signs. If more than one child is covered, the agreement should make clear whether amounts are combined or child-specific.

Confirm:

• the person entitled to receive payment;
• the person or people assuming payment duties;
• any guardian or representative authority;
• the bank account holder or other authorised recipient;
• the court and case number if a case exists; and
• the relationship between this agreement and any divorce, parenting or maintenance order.

Do not sign with blanks in material fields. Correct spelling or number errors before signature, not through an informal message afterwards.

3. Test the monthly amount against actual evidence

Place the proposed amount next to the child-expense schedule and identify what it is intended to cover. A single amount may be reasonable only if the underlying assumptions are understood.

Ask:

• Which ordinary expenses are included in the monthly payment?
• Which costs will still be paid directly?
• How were housing, food and utilities allocated?
• Are annual school or activity costs included or separate?
• Does the figure reflect current medical, disability or childcare needs?
• Have payments already being made been counted accurately?
• What financial information remains disputed or unavailable?

The Maintenance Act and Justice guidance focus on the child's needs and the responsible persons' means. Do not agree to a figure merely because it is described as a standard percentage; the official sources do not prescribe one universal online formula.

Use the child-maintenance evidence guide to match each material figure to a source.

4. Make the payment mechanics exact

The agreement should say:

• the first payment date;
• the recurring due date;
• the amount and lawful payment method;
• the bank account or designated recipient, if applicable;
• the reference to use;
• when payment is treated as made;
• who bears ordinary transfer charges, if relevant; and
• what proof each party will keep.

Avoid “around month-end”, “when affordable” or “as needed”. If the order may provide for employer deduction, direct payment or EFT, the implementation terms should match what the court approves.

Do not publish banking details in a public document or group. Keep the exchange controlled and verify changes through an agreed channel.

5. Allocate school, healthcare and extraordinary costs

Define who is responsible for:

• school fees, registration, uniforms, stationery and transport;
• medical-aid membership and attributable contributions;
• uninsured consultations, medicine, therapy and assistive equipment;
• childcare, aftercare and agreed activities;
• travel associated with necessary care; and
• material once-off or emergency expenses.

If costs are shared by percentage, state the percentage, the invoice evidence, the notice process, the reimbursement period and any consent requirement. Clarify what happens in a genuine emergency where advance consent is impossible.

Terms such as “reasonable medical costs” may still create disputes if the evidence and payment process are undefined. Use a worked example before signing.

6. Deal explicitly with arrears and the effective date

If past payments are disputed, attach or reference a dated calculation. Distinguish:

• amounts due under an existing order;
• direct payments or contributions claimed as credits;
• the proposed arrears amount;
• the period covered;
• any instalment plan; and
• the first date of the new recurring obligation.

Do not insert a general statement that “everything is settled” unless the legal effect is understood and the calculation has been checked. A compromise about arrears may have consequences that require advice.

7. Check adjustment and review clauses carefully

If the amount increases annually, state the date, measure and calculation method. Avoid an index or formula that neither party can identify. If the agreement calls for periodic review, specify what information must be exchanged and whether any change still requires a court process.

Changed income, schooling or care needs do not automatically amend an issued order. The Department of Justice forms include a distinct substitution or discharge process. Do not write a clause that pretends court authority can be bypassed.

The process article on the next child-maintenance step distinguishes agreement, confirmation and later variation.

8. Keep maintenance separate from contact conditions

Do not make maintenance conditional on access, and do not make contact conditional on payment. Department of Justice guidance treats maintenance and access as separate matters. If a care arrangement changes the child's actual costs, record the financial evidence without turning the agreement into a threat or punishment.

Any parenting, safety or contact term should be checked under the appropriate legal process. The family-law hub can help identify the separate service route.

9. Confirm what happens at court

Ask who will submit the signed agreement, to which court, under what case number and on what date. Confirm whether the parties must attend. After the magistrate considers the agreement, obtain a complete stamped or issued order and compare it with the signed draft.

Record:

1. the signed agreement date;
2. the filing or presentation date;
3. the magistrate's decision;
4. the order date and effective date; and
5. the first implementation task.

If the magistrate changes or declines a term, do not keep implementing the rejected draft as though it were the order.

10. Understand advice, representation and cost

The 2026 Justice FAQ says an attorney is not required for the application to be processed and the court service is free. Legal review may still be valuable where the agreement deals with complex income, substantial arrears, multiple orders, special-needs costs, cross-border facts or disputed legal rights.

If you consult privately, ask for a defined document-review scope and written fee basis. The maintenance dispute page and lawyer directory are routes for finding relevant assistance without assuming every agreement needs full representation.

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