(LL09-2023) How and when to refer a maintenance enquiry to court for a formal section 10 enquiry


Pre-reading material

Video presentation

Training manual

Online assessment


Reading (15 minutes)

Video (45 minutes)

Online assessment (15 minutes)


Online (15 minutes)

Multiple choice

Written assessment


On demand

24/7 availability

Email support

Virtual training

• What is a section 10 enquiry?
• What is the procedure and when a maintenance enquiry is referred to Maintenance Court?
• Discussion of the discretion and wording of the Act when it comes to referrals to Court
• The process of a formal section 10 enquiry done in Court
• Duties of the maintenance officer when referring the matter to court
• Recommendation of the maintenance officer
• Creating a court bundle of documented evidence for submission to Court
• Discussion of the section 9 summons to formally appear in court and what happens if the respondent does not appear
This section contains pre-reading material that you should read through at your leisure before the webinar.  The webinar handout you would find on the next tab – we suggest that you download and print the handout / webinar material before the start of the webinar as we will be referring to sections in the handout during the course of the webinar.



This section contains the slideshow (if used), webinar handout and important resources that we will be referring back to during the webinar. Please download and print these before the start of the webinar or have them available electronically to enhance your learning experience.


• Maintenance Act, Act 99 of 1989

• Regulations Maintenance Act 99/1989

Handout: How and when to refer a maintenance enquiry to court for a formal section 10 enquiry

• Slides: How and when to refer a maintenance enquiry to court for a formal section 10 enquiry

• NPA Guideline – How to conduct section 10 maintenance enquiry

• NPA Guideline – How to serve section 9 summons

• NPA Guideline for formal enquiry court bundles


(LL03-2023) How to complete the J101 maintenance application form

Your first name:
Your last name (surname):
Your email address:
Your job title:
In which your do you operate?
The Maintenance Act is the most important instrument of enforcement of maintenance in South African law.
Which section of the Constitution protects the right of children?
Where could complaints obtain the J101 form?
Give your understanding of what paragraph 15 of the DOJ Codified instructions, code family courts –maintenance 26/2015 means:
What happens if the complainant does not have the details (work or home address) of the other parent?
If the children lives with a caregiver (such as a grandparent) can they claim maintenance?
I am asked how much (amount) the claimant can get for maintenance. How would you answer?
Can a complainant claim winter / summer / Christmas clothes as part of the maintenance order?
How is the expenses split between the parent and the children? Which approach is followed in Courts?
Name 3 difficulties that complainants encounter when completing the J101 form:

Introductory training video

Maintenance officer specific training video

If your have any enquiries / questions relating to this module, please send us an email using this form and one of our panel of attorneys will respond within 24 hours.