(LL04-2024) How to calculate the child’s expenses on the J101 maintenance application form

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Streaming link: https://www.youtube.com/watch?v=EFZKoaivkuI

This section contains pre-reading material that you should read through at your leisure before the webinar. Because of our limited 60 minute lunch hour time limit, we include some pre-reading material that contains background information on the topic(s) to be discussed. 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.


Introduction and Logistics letter 
Blank J101 application form  
Bannatyne v Bannatyne and Another (CCT18/02) [2002] ZACC 31; 2003 (2) BCLR 111 ; 2003 (2) SA 363 (CC) (20 December 2002) 

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. Should the presenters refer to additional recourses during their presentation, then these will be forwarded to all registered attendees after the broadcast.

General documents referred to:

•  Maintenance Act, Act 99 of 1989

•  Extract: Codified Instructions Code Family Court Maintenance 26 of 2015

•  FREE eBook: Everything you should know about child and spousal maintenance before applying

•  Step-by-step guide with comments on how to complete the J101 maintenance application form

•  Blank J101 application form

•  Case law: Bannatyne v Bannatyne and Another (CCT18/02) [2002] ZACC 31; 2003 (2) BCLR 111 ; 2003 (2) SA 363 (CC) (20 December 2002)


Resource material for this webinar:

•  Slides: How to calculate the child’s expenses on the J101 application form

•  Slides: The SA Law Reform Commission recommendations / discussion on changes to the Maintenance Act

•  Case Law: ACUTT v ACUTT 1990 (4) SA 873 (ZS)

•  Case Law: CULLEN v HAUPT 1988 (4) SA 39 (C)

•  Case Law: SANTAM INSURANCE CO LTD v FOURIE 1997 (1) SA 611 (A)

•  Case Law: FORSSMAN v FORSSMAN 2008 (2) SA 144 (W)

•  Case Law: THOMSONTHOMSON 2010 (3) SA 211 (W)

•  Handout: How to calculate the child’s portion on the J101 maintenance application form

Below are a couple of questions to self-test your knowledge. You can complete the form below with your details and answer the questions and you will be sent the correct answers together with explanations within 3 minutes to your email address.


1. What does the concept of "maintenance" encompass?
2. Who determines the question of a proper education for children after divorce?
3. What is the statutory duty of parents regarding child support?
4. How is the maintenance amount determined according to the Maintenance Act?
5. Which model is followed in South Africa for determining child maintenance?
6. What should be considered when calculating child maintenance?
7. What does the term "fairness" mean in the context of child maintenance?
8. How can maintenance be adjusted when circumstances change?
9. What costs are considered direct costs in a child maintenance claim?
10. Which approach is followed in calculating child maintenance amounts in South Africa?

If you have any enquiries / questions relating to this module or wish to make an appointment for a consultation (online or in person in Cape Town) with a specialist maintenance attorney, please send us an email using this form and one of our panel of attorneys will respond as soon as possible.