“It’s Not a 50/50 Split”: Mzansi Family Attorney Breaks Down How Child Maintenance Is Calculated
- A South African family law attorney explained that child maintenance is never a straight 50/50 split between parents, regardless of what many people assume
- Household costs like rent and electricity are divided using a formula that gives each child one part and every adult two parts
- A parent earning more than their co-parent will almost always be required to carry a larger share of the child’s monthly expenses
Many South African parents have little to no idea how child maintenance works, and a Bloemfontein-based attorney has set the record straight.
Source: TikTok
Ames, a family law specialist, took to TikTok on 20 February 2026 to explain the formula courts use to calculate how much each parent should pay. The attorney operates under the handle @legalames and assists clients across Mzansi. She laid out a three-step process that goes beyond splitting costs down the middle.
It’s not about splitting 50/50
South Africa does not have a fixed amount that parents must pay. The calculation comes down to three primary factors. They include the child’s reasonable needs, both parents’ financial means, and their proportional contribution.
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According to Ames, the starting point is working out how much is needed to sustain the child. The costs should cover rent, food, transport, school fees, and everything else. If a parent and one child share a flat for R6 000 a month, the child’s portion works out to R2 000. This is a third of the total.
Income plays a bigger role
Once the child’s total costs are established, both incomes of the parents are added together to get a combined joint income. Each parent’s salary is then divided by that joint figure to calculate the percentage each one contributes.
This means if one parent earns R20,000 and another earns R60,000, the higher earner would pay significantly more. The split could land closer to 70/30. Both parents are legally required to contribute to the child’s maintenance according to their means.
Courts will only consider reasonable monthly expenses. This means that luxury spending doesn’t shield a parent from their obligation.
Watch the TikTok clip below:
Mzansi reacts to the video
Briefly News compiled comments from South Africans who had something to say and questions to ask.
@heee259 asked:
“When are you going to talk about mothers who don't pay maintenance?”
@user720872422272 commented:
“My baby daddy says our son can stay at his house for free, so he doesn’t want to contribute to rent.😳”
@pinky baby said:
“I think u should come to Michelle Plain Court because I don’t think they know how to do their job.”
@MpimpiH AmandaH❤️💯 wrote:
“What if her lifestyle is higher? Should I be the one paying for it? For example, if she is paying rent of R10,000, then I should pay a portion of that rent when she could have gotten a rental of R3,000?”
@Matthew Napoleon commented:
“I think courts do not apply the expenses as per the J101 consistently.”
Source: Getty Images
More articles involving child maintenance
- A Cape Town woman itemised the monthly cost of raising a high school child in South Africa, and the figure runs well into five digits.
- The Western Cape High Court overturned a previous maintenance ruling, which ordered a father to pay maintenance beyond his affordability.
- Dr Celiwe Ndaba shared a personal post, explaining that her desire to provide for her children was her main motivation for joining two networking businesses.
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Source: Briefly News
