03/06/2026
Too many parents only discover their legal responsibilities towards their children once conflict has already escalated, and by then, the emotional and financial damage can already be severe.
Under South African law, a child's right to support does not depend on whether their parents were married, separated, divorced, or never in a relationship at all. Both parents carry a legal duty to support and care for their child from birth.
At Van Deventer Dowlath & Marx Attorneys, we regularly assist parents navigating disputes involving maintenance, care, contact, and parental responsibilities. One of the biggest misconceptions we encounter is the belief that maintenance is linked to marriage, or that financial responsibilities only begin once divorce proceedings start.
Maintenance is not optional, negotiable, or subject to withholding because of disagreements between parents. The Children's Act places the best interests of the child at the centre of every decision, and South African courts have repeatedly reinforced the importance of enforcing maintenance obligations.
Many parents are also unaware that separating while still legally married does not suspend financial responsibilities. A parent may approach the Maintenance Court for support without first instituting divorce proceedings. Likewise, unmarried parents are equally bound by the duties of support.
Where conflict exists, parenting plans can play a critical role in creating structure and reducing uncertainty. These agreements can formalise care arrangements, contact schedules, financial responsibilities, and decision-making authority regarding education, healthcare, and religion.
Courts also have wide powers to enforce maintenance orders, including garnishee orders, attachment of assets, contempt proceedings, and, in serious cases, warrants of arrest for wilful non-payment.
Understanding your rights and obligations early can prevent unnecessary hardship and help create a more stable future for your child.
DM us if you're entering this new chapter and need advice on how to navigate the way forward.