Now That We Know That Not Paying Maintenance Is Financial Abuse—Where Do We Go From Here?

Recognising the truth behind maintenance defaulting—and the system’s responsibility to act.

By Laurie Greyvenstein

Perhaps someone else can try to convince you that a person who deliberately fails to care for their own children—despite having the means—is not abusive. But they won’t convince me.

I began my journey in the field of family justice on 1 December 1987, behind the desk of the Maintenance Clerk at the Boksburg Magistrate’s Court. Since then, I’ve served as a Maintenance Officer, Public Prosecutor, and Magistrate, dedicating my career to the pursuit of justice in maintenance matters. In 2006, I took on a new role as a family mediator, with a focus on resolving maintenance disputes outside the formal court system.

It is often said that a justice system is only as strong as the people who respect and uphold it—but the reverse is equally true. When maintenance defaulters knowingly ignore their legal duty to support their children, the system is weakened and rendered ineffective. In such cases, we must question whether the current maintenance framework is fit for purpose—or if it is time to advocate for significant legislative reform.

The Constitutional Court has made it clear: the primary responsibility for the financial care of children lies with their parents. Only when parents are genuinely unable to provide support does the responsibility shift to the state. Furthermore, the Court has acknowledged that where the maintenance system fails, it becomes the state’s obligation to create mechanisms that ensure its effective delivery.

So the real question becomes: if the state isn’t delivering on its mandate, what can—and should—be done to provide services that offer a better life for those who desperately need them?

It is unthinkable that a country like South Africa—with some of the best infrastructure, economy, and resources on the African continent—still has nearly 49% of its population dependent on state support. This statistic speaks volumes about systemic failure and, more importantly, about missed opportunities for transformation.

The Social Justice Foundation’s Role

The Social Justice Foundation, a registered NPO, is committed to promoting access to financial justice. On 1 November 2024, the Foundation signed a tripartite agreement with the Department of Justice and Constitutional Development (DOJCD) and the CPB Credit Bureau. This agreement enables the listing of maintenance defaulters’ information on credit bureaus—a provision that has existed in the Maintenance Act since its 2015 amendment but was never implemented.

Thanks to the Foundation’s intervention, this long-awaited initiative is finally becoming a reality. However, it cannot succeed without the active participation of those affected most—maintenance creditors.

We are calling on all maintenance creditors to participate by reporting arrears so that defaulters can be listed. An easy-to-use online system has been developed to assist you:

Visit www.moms.maintenanceorders.org.za to report your case today.  Click on Start Here