Maintenance and Section 6 Complaints: How to Lodge Your Case Correctly in SA
Every maintenance case in South Africa begins with a single, often-overlooked step: lodging a formal complaint. Under Section 6 of the Maintenance Act 99 of 1998, any person who believes that a legally liable parent is failing to provide reasonable maintenance can approach the maintenance court and set the process in motion. Getting this first step right matters - a poorly completed complaint can cause delays, postponements, or confusion down the line.
In this guide, we'll walk you through exactly what a Section 6 complaint is, who can lodge one, and how to do it properly.
What Is a Section 6 Complaint?
A Section 6 complaint is the official mechanism that triggers a maintenance enquiry. It is a sworn statement, lodged with the maintenance officer at your local maintenance court, alleging that a person who has a duty of support is either not paying maintenance at all, or is paying an amount that is insufficient to cover the reasonable needs of the person entitled to support.
Importantly, a complaint can be lodged whether or not a maintenance order already exists. If there is no order yet, the complaint asks the court to make one. If an order already exists but the circumstances have changed, a complaint can request a variation - though many parents handle variations through Section 7(1) proceedings once an enquiry is under way.
Who Can Lodge a Complaint?
Section 6 casts a wide net. A complaint may be lodged by:
- A parent or guardian of the child who needs support;
- The person caring for the child (which can include a grandparent or relative);
- The child themselves, in certain circumstances, such as a child over 18 still dependent on parental support;
- Any other person who has an interest in the wellbeing of the person entitled to maintenance.
The duty of support in South African law flows from the parent-child relationship, not from marriage. If you're unsure who carries legal liability in your situation, our overview of the duty of support breaks it down clearly.
How to Lodge the Complaint: Step by Step
The process is designed to be accessible, even for self-representing parents. Here's what to expect:
1. Go to the Correct Maintenance Court
You lodge your complaint at the maintenance court in the magisterial district where you or the child resides. Each magistrate's court has a maintenance section staffed by a maintenance officer and clerks who assist the public.
2. Complete Form A
The maintenance clerk will give you Form A, the prescribed application for a maintenance order. You'll provide your personal details, the details of the person liable to pay, and information about the child or children involved. You'll also need to set out the respondent's details so they can be summoned.
3. Submit Your Income and Expenses
This is the heart of your application. You'll need to detail the monthly needs of the child and your own financial position. This is where the prescribed budget form comes in - our guide to Form J101 explains how to complete the monthly budget breakdown accurately. Being precise here is crucial, because the court apportions costs between parents based on each one's income and the child's reasonable needs.
4. Attach Supporting Documents
Bring certified copies of birth certificates, proof of your income, receipts, invoices, and any existing court order. The more thoroughly you document your expenses, the stronger your position will be at the enquiry.
What Happens After You Lodge?
Once your complaint is lodged, the maintenance officer may refer the matter to a maintenance investigator to verify the financial details of both parties. The respondent is then summoned to appear. The court may attempt an informal settlement first; if the parties cannot agree, the matter proceeds to a formal maintenance enquiry where a magistrate hears evidence and makes an order.
Common Pitfalls to Avoid
- Underestimating the child's expenses - rushed budgets often leave out school costs, medical aid, and extracurriculars.
- Vague income disclosure - courts rely on accurate figures to apply the apportionment formula fairly.
- Missing documents - incomplete applications lead to postponements and lost time.
A well-prepared complaint, backed by a clear and realistic budget, puts you in the strongest possible position from day one.
Take the Guesswork Out of Your Maintenance Complaint
Preparing a Section 6 complaint doesn't have to be overwhelming. With MMaintenance, you can create your free account, build a maintenance schedule using the legal apportionment formula, and upload your bank statements so expenses are extracted automatically. The platform even pre-fills Form J101 and generates court-ready drafts - what used to take hours now takes minutes.