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What Expenses Can Be Claimed for Child Maintenance in South Africa?

Updated Legally reviewed by JDT Attorneys
What Expenses Can Be Claimed for Child Maintenance in South Africa?

"What can I actually claim for?" is the first question most parents ask when they start a maintenance application. The short answer: any reasonable cost of raising the child, measured against what both parents can afford and the standard of living the child is used to. The longer answer, below, goes through every category of expense, shows how shared household costs are split, and lists what courts usually cut.

Under the Maintenance Act 99 of 1998 and the Children's Act 38 of 2005, both parents have a duty to support their child according to their means. Section 15 of the Maintenance Act says the duty extends to the child's reasonable needs for food, clothing, accommodation, medical care and education. Courts read "reasonable" in light of the family's circumstances. Private school fees may be reasonable for a family that has always paid them and can still afford them, and unreasonable for one that can't.

The official application, Form J101, is a good map of what courts expect to see. Its budget section lists 21 categories of monthly expenditure, from lodging and groceries to pocket money, holidays, gifts and pets, each split into the applicant's share and the children's share.

Expenses you can claim, category by category

CategoryExamplesHow it is usually treated
HousingRent or bond, levies, rates, water and electricity, home insurance, securityShared: child's portion only
Food and householdGroceries, toiletries, cleaning products, domestic workerShared: child's portion only
TransportVehicle instalment, insurance, fuel, maintenance, lift club, school busShared vehicle costs by portion; school transport 100% child
EducationSchool fees, crèche, aftercare, uniforms, books, stationery, school outings, tutoring100% child
MedicalMedical aid (child's dependant portion), doctor, dentist, medication, orthodontics, therapy100% child for child-specific costs
ClothingClothes and shoes, sports kit100% child
ActivitiesSport, music, dance, holiday clubs100% child, if reasonable for the family
RecreationHolidays, outings, entertainment, streaming servicesShared or child's portion, within the family's means
PersonalPocket money, birthday parties, gifts, cellphone and data for older children100% child, if reasonable for the child's age
Insurance and savingsEducation policy, the child's share of life cover premiumsOften claimed. Courts look at whether it was paid before separation

How shared household costs are split

Rent, electricity and groceries benefit everyone in the house, so you claim only the child's portion. South African courts commonly use the portions method: each adult counts as two portions and each child as one.

Worked example: Lerato lives with her two children. Her household has 4 portions (2 for her, 1 for each child), so the children's share of shared costs is 2/4, or 50%.

ExpenseMonthly costChildren's share
Rent (shared)R 9,500R 4,750
Groceries (shared)R 6,200R 3,100
Electricity and water (shared)R 1,800R 900
School fees (child-only)R 2,900R 2,900
Aftercare (child-only)R 1,400R 1,400
Medical aid, children's portion (child-only)R 1,250R 1,250
TotalR 14,300

The R 14,300 is then shared between the parents in proportion to their incomes. If Lerato earns R 18,000 and the father R 42,000, he carries 70% of it, R 10,010 a month. Try your own figures in the free child maintenance calculator. For more on the split itself, see child-specific vs shared expenses.

Extraordinary and irregular expenses

Some costs don't arrive every month but are still part of maintenance: orthodontic treatment, specialist visits, school tours, a laptop for high school, or therapy for a child with special needs. You can either average them into the monthly claim (annual cost ÷ 12), or ask for the order to say that these costs are shared in a set ratio as they arise. The second option is common for large, unpredictable medical costs. See our guide to extraordinary expenses, and to handling school fees.

What courts usually cut

Very little is off-limits by category. What gets reduced is cost that isn't reasonable for this family or isn't really the child's:

  • Shared costs claimed in full for the child instead of the child's portion
  • Adult expenses listed under the child, such as the parent's own car payment, clothing or loan repayments
  • A lifestyle jump beyond what the child had before separation and what the parents can now afford
  • Unsupported figures with no statement, invoice or quote behind them
  • Double counting, for example claiming medical aid and the same doctor's visits it already covers

Holidays, entertainment and gifts are not excluded by default. Form J101 lists them. They simply have to be modest and in line with the family's means.

Proving your expenses

Every figure should trace back to a bank statement, invoice or written quote. Courts typically ask for three months of bank statements, your payslips, and proof of the child's main costs such as school fees and medical aid. Our step-by-step guide on documenting maintenance expenses for court shows how to build an evidence bundle that holds up.

Frequently Asked Questions

Can I claim rent as part of child maintenance?

Yes, but only the child's portion. Using the portions method, a household of one adult and one child has three portions, so one third of the rent is attributable to the child. With two children it is half.

Can I claim for a domestic worker or nanny?

Yes, if it is reasonable for your circumstances. A nanny or aftercare needed so that you can work is usually treated as a child cost. A domestic worker who keeps the household running is normally a shared cost, split by portions.

Are private school fees claimable in maintenance?

They can be. Courts look at whether the child was already at the school, whether both parents agreed to it, and whether the parents' combined income can sustain it. A new move to an expensive school without agreement is harder to justify.

Does maintenance cover university fees?

The duty of support does not end automatically at 18. A child who is still dependent and studying can claim reasonable tertiary costs. See maintenance for children over 18.

Build your claim from your real expenses

MMaintenance lists 30+ expense categories, splits shared costs by portions automatically and lets you upload a bank statement so your recurring expenses are found and categorised for you. You get an itemised, court-ready schedule and a Form J101 budget. Create your free account to get started.

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