The Devastating Impact of the Non-payment of Child Maintenance in South Africa: A Violation of the Children’s Rights

Abstract

Abstract Non-payment of child maintenance is prevalent in South Africa with far-reaching consequences on the well-being of children, culminating into the violation of the children’s rights. This is mostly seen in children born out of wedlock, children of divorced parents, and separated parents. This is regardless of the national and international legislative framework promoting and regulating the payment of child maintenance and the responsibilities of parents. The aim of this study was to examine the scope and complexity of child maintenance problems in South Africa, in order to highlight the root causes, legal and social challenges, and the devastating impact on the children’s physical, emotional, and psychological well-being. The study draws from the rights-based theory and the social justice theory. The systematic analysis of national and international literature on the payment of child maintenance was conducted. Data were collected using desktop research through Google Scholar, ResearchGate, EBSCOhost, Scopus, and Web of Science. Using a structured five-step review process, the article evaluates the South African legal landscape and interprets evidence on material and psychosocial impacts: child poverty, restricted access to education and healthcare, weakened parent–child relationships, and elevated risks of anxiety, depression, and developmental delays. The study highlights the effects of non-payment of child maintenance and the role that social workers can play to support parents of children impacted by the non-payment of child maintenance.