What is Form J101?
Form J101 - listed in the regulations as Form A - is the application for a maintenance order used by maintenance courts in South Africa. Legally it is a sworn complaint under section 6(1)(a) of the Maintenance Act 99 of 1998. It is completed by the person asking for maintenance (usually the parent the child lives with) and sets out who the parties are, who the children are, how much maintenance is being claimed, and the applicant's own income and expenses.
Lodging it opens a maintenance enquiry. The court serves the application on the other parent, a maintenance officer investigates, and the matter is either settled by agreement or referred to a magistrate for a decision.
How to fill in Form J101, section by section
The form is six pages long. The last page is for official use only. Here is what each part asks for:
- Your details (the "complainant") - full name, date of birth, ID number, home and work addresses, phone numbers and your nearest police station.
- Paragraph 1: the other parent (the "defendant") - the same details for the person you are claiming from. Fill in as much as you know. The maintenance officer can trace an employer or address you cannot.
- Paragraph 2: why they are liable - for example "he is the biological father of the children listed below", and why the children are in your care.
- Paragraph 3: what they have paid so far - the date support stopped, and any contribution they still make.
- Paragraph 4: what you are asking for - a monthly amount for each child (and for yourself, if you claim spousal maintenance), when payment should start, which account it should be paid into, and any other contributions such as medical aid, school fees, school uniforms or extramural activities paid directly.
- Paragraph 5: your assets, income and expenses - your property, savings and vehicles, your gross and net salary, and a detailed monthly budget. This is the hard part.
- Date and signature - you sign in front of the maintenance clerk or a commissioner of oaths, because the form is made under oath. Do not sign it beforehand.
The monthly budget: where most applications get stuck
Paragraph 5 lists 21 categories of monthly expenses - lodging, groceries, water and electricity, clothing, transport, school fees, medical costs, insurance, holidays and more. For each line the form gives you two columns: "Self" and "Child(ren)". You have to decide how much of each expense belongs to you and how much to the children.
Child-only costs are easy: school fees, crèche, school uniforms and the children's medical costs go entirely in the children's column. The problem is shared household costs, such as rent, electricity, groceries and the car. Guessing at that split is one of the most common reasons a claim gets challenged.
South African courts commonly apportion shared costs using the portions method: each adult in the household counts as two portions and each child as one.
| Example: 1 adult, 2 children (4 portions) | Monthly cost | Self (2/4) | Child(ren) (2/4) |
|---|---|---|---|
| Rent | R 9,000 | R 4,500 | R 4,500 |
| Groceries | R 6,000 | R 3,000 | R 3,000 |
| Water & electricity | R 2,000 | R 1,000 | R 1,000 |
| School fees (child-only) | R 3,500 | R 0 | R 3,500 |
The children's total is then shared between the parents in proportion to their incomes. You can work that second step out on the free income split calculator, no sign-up needed.
Skip the maths
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Enter your household and expenses once, or upload a bank statement and let the AI categorise it. MMaintenance applies the portions method to every line and produces a J101 monthly budget PDF with every expense itemised and your share and the children's share already worked out, ready to copy onto the form or attach as an annexure.
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What must I attach?
Courts generally ask for the following. Requirements differ slightly between districts, so confirm with your local maintenance clerk before you go:
- Your identity document or passport
- The child's birth certificate
- Proof of residence
- Three months of bank statements
- Your three most recent payslips, or proof of income if you are self-employed
- Proof of the child's expenses - school fees, medical aid, receipts
- Your monthly budget, if it does not fit in the space on the form (the form allows an attached annexure)
Where do I lodge it?
You lodge Form J101 with the maintenance clerk at the magistrate's court in the district where you or the child lives. Blank copies are also available there. There is no fee, and you do not need an attorney. The process is built to be used without one, and the clerk will help you complete the form.
What happens after you lodge it
- The court issues a summons and serves it on the other parent
- A maintenance officer investigates both parties' finances
- If both parents agree on an amount, it is made an order of court by consent
- If they do not agree, the matter goes before a magistrate for a formal maintenance enquiry
- Once granted, the order is enforceable - arrears can be recovered by garnishing wages or attaching property
Form J101: common questions
What is Form J101?
Form J101 (also called Form A) is the application for a maintenance order used by South African maintenance courts. It is a sworn complaint under section 6(1)(a) of the Maintenance Act 99 of 1998, completed by the person asking for maintenance and lodged at the maintenance court where the applicant or the child lives.
Where can I download the J101 form PDF?
You can download the official J101 PDF free from this page, in English or Afrikaans. It is the same form published by the Department of Justice, and it is also available from the maintenance clerk at any magistrate's court.
Can I fill in the J101 form on my computer?
Yes. The English J101 PDF is a fillable form, so you can type into it in Adobe Acrobat Reader or most browsers, then print it. You still sign it in front of a commissioner of oaths or the maintenance clerk, because it is a sworn statement.
What must I attach to Form J101?
Courts typically ask for your identity document, the child's birth certificate, proof of residence, three months of bank statements, recent payslips, and proof of the child's expenses such as school fee statements and receipts. Requirements vary between courts, so confirm with the maintenance clerk in your district.
How do I fill in the expenses section of Form J101?
Paragraph 5 lists 21 categories of monthly expenses, each split into a "Self" column and a "Child(ren)" column. Child-only costs such as school fees go fully in the children's column. Shared household costs such as rent, electricity and groceries are commonly apportioned by counting each adult as two portions and each child as one, and putting the children's portions in the children's column.
How much does it cost to lodge Form J101?
Nothing. There is no court fee to bring a maintenance application in South Africa.
Do I need a lawyer to complete Form J101?
No. The maintenance court process is designed to be used without legal representation, and the maintenance clerk will help you complete the form. You may still choose to instruct an attorney, particularly if the matter is contested.
Is J101 the same form used to change an existing maintenance order?
No. J101 applies for a new maintenance order. To substitute or discharge an existing order you use Form B (J107), which is available from the maintenance clerk and the Department of Justice website.
This page is general information about the South African maintenance court process, not legal advice. Procedures and document requirements vary between courts and change over time - confirm the current requirements with the maintenance clerk in your district, or consult an attorney about your specific circumstances.