Barring a question of maintenance that may be settled in any divorce action in which parties may be engaged, the question of maintenance and liability therefore is governed by the Maintenance Act 99 of 1998.

The Act provides for the lodging of a complaint relating to maintenance and the investigation of such complaint by a maintenance officer who is not only empowered to cause the parties to the complaint to attend court for examination, but is also empowered to subpoena witnesses and records to give evidence at the hearing.

Without derogating from the law relating to the liability of persons to support children who are unable to support themselves, the Act is directed at the enforcement of the common law duty of the child's parents to support a child which duty extends to such support as a child reasonably requires for his/her proper living and upbringing, and includes the provision of food, clothing, accommodation, medical care and education.

An award by a Maintenance Court as envisaged in the Act has the effect of a civil judgment and may be enforced by:-

1. Execution against property;

2. The attachment of emoluments (salary);

3. The attachment of any debt at present or in future owing or accruing to the person against whom the maintenance order was made.

Any person who fails to make any particular payment in accordance of a maintenance order shall be guilty of an offense and various penalties are set forth in Act.

The Maintenance Officer is further empowered to furnish the defaulting person's personal particulars to any business which has as its object the granting of credit or is involved in the credit rating of persons.

Should a party have been awarded maintenance under an order of divorce, it would be advisable to consult an attorney prior to approaching the Maintenance Court should there be a default in payment of maintenance, as various cost-effective and expeditious methods are available for recovering arrear maintenance.

To assist in the determination of the amount of maintenance which may be required from time to time, a schedule of typical expenses is listed hereunder.