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Fiso Ncube

Child maintenance is the legal obligation a parent has, to provide on-going financial or material support towards his or her child’s everyday living costs for example food, shelter, schooling and clothing. The Maintenance Act (5:09) governs the law of maintenance in Zimbabwe. Contrary to the belief of many, men can also claim maintenance from women depending on the facts, for example the children live with their father. After all it is the legal obligation of both parents to support their children.Maintenance is paid for children below the age of 18 years, or a person who is over the age of 18 but is not yet self-sufficient or able to look after themselves. Maintenance for a child is claimed on behalf of the child by either parent or by whoever is taking care of that child or children. A child who is over 18 and still a dependant has to claim maintenance in their personal capacity. One can approach the Magistrates Court, sitting as the maintenance court and in some cases the Chief’s court depending on the circumstances.

Many people are under the notion that one is unable to claim maintenance without a birth certificate but this is not true. One must produce respondent’s payslip if available, school fees invoice for child, state sources of income etc.

In addition to this, the applicant must also have a bank account for where the money will be deposited.

In making an order of maintenance the court shall have regard to general standard of living of the responsible person and the dependent, means of the responsible person, number of persons to be supported, whether the dependent or the responsible person is able to work amongst other things.

In making an order it is at the discretion of the presiding officer to determine the amount to be paid. During this process the best interests of the child remain of paramount importance in harmony with the Constitution of Zimbabwe.

Now what happens when the expenses to maintain the child increase over time or the responsible person’s income has reduced?

A maintenance order is not cast in stone and can be varied upwards or downwards upon application by either party. Section 24 of the Maintenance Act criminalises non-compliance with a maintenance order; one will be liable to a fine or imprisonment not exceeding three months or both.

In response to defaulting payment one can also make an application for a garnishee order so that the maintenance amount is deducted directly from the respondent’s salary. There is also the option to apply for a lump sum maintenance where the respondent is retiring from employment and is due to receive a lump sum of benefits. This amount is awarded based on the fact that this is probably the last income that the respondent will earn which the applicant can claim.

Though the Maintenance Act is in force, women face a number of problems when claiming maintenance. With the current economic climate a significant number of respondents are not formally employed, so it is a nightmare to adequately prove their source of income and for the respondent to consistently satisfy the maintenance order. In addition to this, it is difficult to locate or enforce orders in particular for respondents who are based out of the country. A common mistake is neglecting to register a High Court Divorce Order with the Magistrate Court in line with section 18 (2) of the Maintenance Act(5:09).

The legal machinery to claim maintenance to support a child is there for every Zimbabwean citizen to utilise. Let us all use this platform to do what is in the best interests of the child regardless of how one feels for the other parent. Children are the future of this country.

Fiso Ncube, Transformative Justice Department

For feedback, questions and comments please feel free to email [email protected] or to send a whatsap message on 0777 828 201 and we will definitely address them. Look out for the next article in this column next week and the Kwayedza every Thursday. Let’s discuss the law. For a 24 hour response to Gender Based Violence Issues, Maintenance cases call our toll free number 08080131: hotlines 0776736873/0782900900