Owed maintenance? A court just froze a father's R426,000 pension payout

The Free State High Court has stopped a father from getting R426,000 of his pension payout because he owes his two children years of maintenance. The money stays frozen in the Government Employees Pension Fund (GEPF) until the Bloemfontein maintenance court finishes the case, TimesLIVE reports.

If someone owes you maintenance and is about to be paid out by a retirement fund, the ruling shows the law lets you go after that money.

What did the court decide?

Judge Johannes Daffue interdicted the GEPF from paying R426,000 to the father, who is identified in the judgment only as Mr K. The mother had asked for R607,400 to be held back, but the judge found that figure was not properly justified and settled on the lower amount (TimesLIVE).

According to the report, the father:

• did not pay maintenance even while he was still employed
• never paid R160,000 in arrear maintenance or R66,000 for a year of future maintenance ordered after the 2023 divorce
• did not pay the R2,500 a month per child ordered in May 2025, or the children's school fees

He argued he could not pay because the fund had held back his benefits after the mother went to court. The judge rejected that, saying he had not set out his income and expenses, and called him "a recalcitrant father" (TimesLIVE). The judge also said the fund should pay the R160,000 and R66,000 to the mother without delay.

Can a pension fund pay maintenance directly?

Yes, if there is a court order. Section 37D(1)(d) of the Pension Funds Act lets a registered fund deduct any amount owed under a maintenance order from a member's benefit, SARS explains. The fund pays the money straight to the person owed.

Two points to know:

• The maintenance paid out is taxed as the member's income, not yours, and the fund takes that tax from the member's savings too (SARS).
• Under the two-pot system, the deduction comes proportionately from all of the member's pots, and savings-pot withdrawals can be suspended if there is not enough to cover the maintenance (Mirf).

What can you do if maintenance isn't being paid?

Go back to the maintenance court where the order was made. Under the Maintenance Act, the court can:

• issue a warrant to attach and sell the defaulter's assets
• order their employer to deduct maintenance straight from their salary (an emoluments attachment order)
• attach other money owed to them, such as a debt

Not paying is also a crime. Section 31 of the Act says anyone who misses a payment under a maintenance order can be fined or jailed for up to three years (Acts Online). The Department of Justice has also signed an agreement to report maintenance defaulters to credit bureaus (DOJ).

The complaint form for a missed payment and other maintenance forms are on the Department of Justice forms page.

How do you apply for maintenance in the first place?

Apply at the magistrate's court in the district where you live, using Form A (J101). Bring proof of your income and monthly expenses, such as rent, electricity and food receipts. A maintenance officer investigates, the other parent is summoned, and if they agree, the magistrate can make an order without a full hearing (DOJ).

A parent still has to pay even if the other parent remarries, has more children or blocks contact with the child. Access and maintenance are separate issues (DOJ).