Quick answer
Use the first consultation to obtain a decision map, not a predicted result. Ask which order currently governs, what specific change might amount to good cause, which maintenance court and form are appropriate, what must happen while the request is pending, and what evidence would support or weaken the proposed amount. Then ask how arrears, child-related costs, negotiation, legal fees and court attendance fit into the scope.
How to use this guide
Bring the order and a concise financial comparison so the answers can be tied to facts. The Maintenance Act allows investigation of a complaint that good cause exists for substitution or discharge, but it does not give an automatic adjustment whenever income or expenses move. A useful adviser should distinguish the legal route, evidence problem and practical next action without guaranteeing that the court will grant it.
Questions about the operative order
Begin with: “Which document is the current enforceable maintenance order?” Show every order, settlement, endorsement and later variation. Ask the lawyer to identify the monthly obligation, due date, escalation method, medical or school components, payment channel and any unclear wording. If part of a divorce order, ask whether a maintenance-court application is the right route for the proposed change and whether another court has any continuing relevance.
Next ask: “Does our later private arrangement have any legal effect, and what does it not do?” This prevents a message, spreadsheet or signed proposal from being mistaken for the court’s order. Even where the parties agree on new terms, clarify what must be lodged, who seeks the formal order and how each person should perform until the court acts.
If a copy is missing, ask how to obtain it and whether the court file number is enough to begin tracing. Do not ask the adviser to calculate obligations from memory. Small phrases such as “in addition to”, “included in” or “subject to annual escalation” can materially change the payment history.
Questions about good cause and the proposed figure
Ask: “What changed after the order, and which change is legally material?” Describe the event neutrally—loss of work, sustained income growth, altered schooling, new healthcare costs, disability support, a revised care pattern or another development. Then ask which documents connect that event to present needs and means.
Follow with: “How should the proposed amount be calculated?” The Justice Department’s maintenance guidance focuses on reasonable need and ability to contribute and calls for proof of income and expenses. Ask whether your budget properly allocates shared household costs, whether direct payments are accounted for, and how variable or self-employed income should be analysed. An answer should expose assumptions rather than merely endorse your preferred total.
For child maintenance, ask how the Children’s Act best-interests standard informs the evidence. The child’s actual education, health, care and daily living needs matter; adult blame does not replace proof. If the consultation drifts into contact grievances, ask which issues belong in a parenting process and which belong in the maintenance enquiry.
Questions about payment history and arrears
Ask the lawyer to check a due-and-paid ledger: “Which amounts are genuinely in arrears under the wording of this order?” Provide matching bank statements, receipts, payroll deductions and invoices. Clarify whether direct school or medical payments count toward, or are additional to, cash maintenance under the actual terms.
Then ask: “Does seeking a future increase or decrease affect past amounts?” The safe starting point is that a pending request does not itself alter the existing order. If there is default, ask whether enforcement needs separate attention and what immediate compliance is required. If another person proposes waiving arrears, obtain advice on the precise effect before signing.
Do not leave without identifying current exposure. The lawyer may need further facts before advising on enforcement or criminal implications, so ask what cannot yet be concluded. A cautious limitation is more valuable than a confident answer built on an incomplete ledger.
Questions about court, forms and sequence
Ask: “Which maintenance court has jurisdiction for this complaint, and why?” Justice guidance describes different practical filing points depending on whether a recipient seeks an increase or a payer seeks a decrease. Confirm the answer against the particular order, parties’ locations and relief sought instead of treating a general webpage as a universal jurisdiction ruling.
Ask which current form applies. The Department’s forms register identifies Form B for substitution or discharge of an existing order, Form G for consent and maintenance orders, Form I for variation or setting aside of an order by default, and separate enforcement forms. Those labels show why “variation” can refer to different procedural situations. Ask the adviser to name your route and the documents that go with it.
Request a simple sequence: preparation, filing, investigation, service or notification, enquiry, possible consent and court decision. Ask who performs each step and how you will learn the official date. Do not request a guaranteed completion date; instead identify the first controllable action and any scheduled appearance that must be honoured.
Questions about settlement and behaviour
Ask: “What terms would need to be clear before I agree?” Cover effective date, monthly amount, escalation, medical and school costs, reimbursements, payment proof, arrears and the court-order process. Ask whether the draft contains a waiver, release, admission or full-and-final clause that travels beyond the proposed future change.
Also ask what communications should stop or change. Confirm that maintenance should not be withheld to force contact and that access should not be blocked to force payment. The Justice Department expressly separates the two. If care or contact genuinely requires intervention, ask whether the Office of the Family Advocate or a separate child-law process is appropriate; the Family Advocate is neutral and not either party’s personal lawyer.
Questions about service scope and cost
Finish with: “What exactly will you do after today?” Distinguish advice from document drafting, negotiation, filing, court attendance, enforcement work and later follow-up. Ask for the fee basis, likely disbursements, deposit, billing frequency and the event that would require a revised estimate. Record what you will do yourself and what the practitioner will handle.
Ask which documents to obtain first, what deadline or appearance deserves priority, and when the advice should be revisited. Request a short written summary if that is included in the fee. The desired output is a ranked action list: preserve compliance, fix the evidence gaps, choose the correct court route and make no irreversible concession before it is understood.
Important limitation
These questions are a consultation aid, not legal advice. The answers depend on the actual order, court, parties, financial records, child-specific circumstances and any existing default.
FAQs
What should be the first question in a maintenance-change consultation?
Ask which document is the operative order and have the adviser identify every current payment, escalation and extra-cost obligation from its exact wording.
How can I ask about the strength of a proposed maintenance change?
Ask which post-order event may amount to good cause, what evidence connects it to needs and means, and what facts would weaken the request.
What should I ask if maintenance arrears are disputed?
Ask the adviser to reconcile the order against a dated payment ledger and to separate past default, current compliance and any prospective variation.
Which fee question prevents scope confusion after the consultation?
Ask what the quoted service includes and excludes, specifically addressing drafting, filing, negotiation, court attendance, enforcement, disbursements and later follow-up.
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Legal note
This article is general legal information for South African readers. It is not legal advice. Speak to a qualified legal professional about your specific facts before taking action.