Joanne Anthony-Gooden Incorporated

03/09/2026

02/09/2026

An increase application at the Maintenance Court is brought under the Maintenance Act 99 of 1998, using the same court structure and forms as a new application — you're asking the maintenance officer/court to vary an existing order based on a material change in circumstances.

Important documents -

Form J101 — Application for a maintenance order (used for both new applications and variation/increase applications)
Financial Disclosure Form — required in terms of section 34 of the Maintenance Act; a sworn statement, so misrepresenting it carries perjury-equivalent consequences
Any court referral/enquiry notice previously issued, if the matter has a prior file at that court
Identity and status documents
Applicant's ID (or certified copy) — if no SA ID, a passport, driver's licence, or immigration permit
Child's birth certificate
The existing maintenance order (or settlement agreement, if maintenance was set by consent) — needed to show what's currently payable and to establish the baseline for "material change"
Divorce order, if applicable
Proof of the applicant's financial position
Payslips — typically the last 3 to 6 months (practice varies by court; get 6 to be safe)
Bank statements — same period, all accounts
Income and expenses sheet/statement — a full monthly budget, not just a summary
Proof of any other income (rental, side business, investments)
Proof of the child's needs (this is the substance of an increase application)
Documented evidence of increased costs since the order was made: school fee statements/invoices, updated school costs, uniform and stationery costs
Medical aid statements and proof of increased medical or therapy costs
Extracurricular/sporting costs (invoices, receipts)
Any other new or increased need — tutoring, orthodontics, specialised care
Proof of the respondent's financial position (where available)
Anything the applicant has access to — payslips, evidence of a salary increase, new employment, business ownership, lifestyle indicators
Where the respondent's income isn't transparent (self-employed, cash-based, suspected non-disclosure), note this for the maintenance officer — they can subpoena financial records and require the respondent to file their own financial disclosure form

For expert maintenance advice - contact Zandri Ras at Anthony-Gooden Incorporated on 041 582 5150 ( or visit www.anthonyinc.co.za)

Professional and compassionate legal guidance for your most sensitive family matters. Expert services in Divorce, Maintenance, and Parenting Plans in Gqeberha.

02/09/2026

Divorce is more than paperwork — it's the legal foundation for your financial future and your family's next chapter. The agreement you sign doesn't just end a marriage. Once it's made an order of court, it becomes legally enforceable, just like any other judgment. That means the wording matters — a lot.

Here's what's really at stake:

💰 Maintenance
"Reasonable maintenance" sounds fair — until it isn't. Without clear terms on amount, escalation, and what happens if circumstances change, you could face years of disputes over something that should have been settled once, properly.

🏠 Asset & Pension Division
Splitting assets isn't just arithmetic — it's legal precision. Pension interest, in particular, requires specific statutory wording to actually be paid out. Get it wrong, and the fund may simply be unable to execute what you agreed to.

📝 The Settlement Itself
Once your Deed of Settlement is made an order of court, changing it later isn't a conversation — it's a formal court application. Vague or "aspirational" wording (like agreements to "co-parent amicably") often has no legal teeth at all.