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Family Law & Estates

Maintenance for Minor Children & Spousal Maintenance

Every parent has a legal duty to support their children according to their means. Maintenance claims formalise and enforce that duty.

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The duty of support

Parents have a legal duty to maintain their minor children according to their respective means, regardless of whether they were married. This duty covers reasonable needs including housing, food, clothing, education, medical care and general upbringing costs.

Applying for maintenance

A maintenance application is lodged at the Maintenance Court in the relevant magisterial district. Both parties are required to complete a financial disclosure, after which the matter proceeds to an enquiry where the maintenance officer, and where necessary the court, determines an appropriate amount based on the child's needs and each parent's financial means.

Spousal maintenance

Spousal maintenance may be claimed during a divorce, and in some cases after divorce, where one spouse is unable to adequately support themselves and the other has the means to contribute. The court considers factors including the length of the marriage, each spouse's earning capacity, age and standard of living during the marriage.

Variation and enforcement

Maintenance orders can be varied where there has been a material change in circumstances, such as a change in income or the child's needs. Where a party fails to pay maintenance as ordered, enforcement options include garnishee orders, warrants of execution and, in serious cases, criminal proceedings for non-payment.

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Yes, the duty to maintain a child applies regardless of the parents' marital status.

Non-payment can be enforced through the Maintenance Court by way of garnishee orders, warrants of execution, or criminal proceedings in persistent cases.

Yes, either party can apply to vary the order where there has been a material change in financial circumstances or the child's needs.

The duty generally continues until a child becomes self-supporting, which can extend beyond 18 if the child is still studying.

No, it must be claimed and is only awarded where justified by the specific facts, such as one spouse's inability to support themselves.

Yes, provided both parties agree and payments are properly documented, though a formal order still provides a basis for enforcement if needed.

All sources of income are relevant, including salary, business income, investments and, in some cases, earning capacity if a party is deliberately underemployed.

In limited circumstances, arrear maintenance may be claimed, but this depends on the facts and is best addressed promptly rather than delayed.

No, a parent's duty to maintain their own child continues regardless of either parent's remarriage.

Yes, a parent may apply to have the order varied, but must still show genuine, ongoing efforts to meet their obligations where possible.

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