With Fidelicy Nyamukondiwa
Child
Maintenance Law in Zimbabwe
Maintenance Law in Zimbabwe
Maintenance
is the financial support given to a dependent for the provision of food,
clothing and other basic needs. Under
common law, both parents have the responsibility to financially support their
minor children. The
Maintenance Act (Chapter 5:09) is the principle legislation in so far as child
maintenance is concerned. It was mainly enacted to ensure that those entitled
to maintenance benefit from it.
This editorial is an abstract of child maintenance law in Zimbabwe.
is the financial support given to a dependent for the provision of food,
clothing and other basic needs. Under
common law, both parents have the responsibility to financially support their
minor children. The
Maintenance Act (Chapter 5:09) is the principle legislation in so far as child
maintenance is concerned. It was mainly enacted to ensure that those entitled
to maintenance benefit from it.
This editorial is an abstract of child maintenance law in Zimbabwe.
Who can apply for maintenance?
If a parent or any
responsible person neglects or fails to maintain a child, the child is entitled
to apply for maintenance. Any person with child
custody or a probation officer can apply for maintenance on behalf of the child.
If for example, a grandmother is living with her grandchildren, she can apply
for maintenance if the responsible person neglects to financially support the
children.
responsible person neglects or fails to maintain a child, the child is entitled
to apply for maintenance. Any person with child
custody or a probation officer can apply for maintenance on behalf of the child.
If for example, a grandmother is living with her grandchildren, she can apply
for maintenance if the responsible person neglects to financially support the
children.
If a mother neglects to financially support
her child, the father can approach the court for an order compelling the mother
to financially support the child. Marriage is neither a requirement nor a bar
to apply for maintenance. Put differently, an unmarried person can claim for
maintenance on behalf of his or her minor children. Similarly, a married spouse
can apply for a maintenance order against his or her partner even where they
will be living under the same roof.
her child, the father can approach the court for an order compelling the mother
to financially support the child. Marriage is neither a requirement nor a bar
to apply for maintenance. Put differently, an unmarried person can claim for
maintenance on behalf of his or her minor children. Similarly, a married spouse
can apply for a maintenance order against his or her partner even where they
will be living under the same roof.
Ordinarily, maintenance
should be paid until a child attains the age of eighteen years. A magistrate can
extend the payment of maintenance for a ‘child’ who has attained 18 years where
it is necessary.
should be paid until a child attains the age of eighteen years. A magistrate can
extend the payment of maintenance for a ‘child’ who has attained 18 years where
it is necessary.
How to
apply
apply
No money is
needed to apply for maintenance. It’s just a matter of approaching a Magistrates
court and make a complaint under oath. The responsible person is thereafter
summoned to appear in court. If he/she willfully absents self, a maintenance
order can be made in absentia. A birth certificate is important but its absence
does not bar a person from applying. It would be sufficient for a person to say
under oath that John Doe is the father. If John disputes paternity, it would be
his duty and financial responsibility to prove that he is not the father. A
provisional order for the payment of maintenance must be made by the court pending
DNA paternity test results.
needed to apply for maintenance. It’s just a matter of approaching a Magistrates
court and make a complaint under oath. The responsible person is thereafter
summoned to appear in court. If he/she willfully absents self, a maintenance
order can be made in absentia. A birth certificate is important but its absence
does not bar a person from applying. It would be sufficient for a person to say
under oath that John Doe is the father. If John disputes paternity, it would be
his duty and financial responsibility to prove that he is not the father. A
provisional order for the payment of maintenance must be made by the court pending
DNA paternity test results.
Failure to
comply with a maintenance order.
comply with a maintenance order.
A person
who fails to make payments in compliance with a court order must be arrested
for committing an offence. Unwillingness to work or the incurring of
unreasonable debts or obligations cannot act as defences. If convicted, a
person can be imprisoned for up to 12 months. Serving jail time does not
extinguish maintenance arrears. Neither does it suspend a maintenance order. An
imprisoned convict can
make a written application for his/her release stating that
arrears have now been paid. The High Court has however emphasized in the cases
of S v Chikwata HH 455/15, S v Chagomoka HH 484/15 and also S v Chiraya HB 220/17 that a prison term
should be reserved for serious defaulters.
who fails to make payments in compliance with a court order must be arrested
for committing an offence. Unwillingness to work or the incurring of
unreasonable debts or obligations cannot act as defences. If convicted, a
person can be imprisoned for up to 12 months. Serving jail time does not
extinguish maintenance arrears. Neither does it suspend a maintenance order. An
imprisoned convict can
make a written application for his/her release stating that
arrears have now been paid. The High Court has however emphasized in the cases
of S v Chikwata HH 455/15, S v Chagomoka HH 484/15 and also S v Chiraya HB 220/17 that a prison term
should be reserved for serious defaulters.
Conclusion
The best
interests of the child are overriding in all matters concerning the child. The
principle object and primary purpose of the Maintenance Act is to ensure that
those entitled to maintenance are well taken care of by the responsible
persons. Courts are always open to ensure children are afforded the financial
and parental support they deserve.
interests of the child are overriding in all matters concerning the child. The
principle object and primary purpose of the Maintenance Act is to ensure that
those entitled to maintenance are well taken care of by the responsible
persons. Courts are always open to ensure children are afforded the financial
and parental support they deserve.
Fiat
Justitia Ruat Caelum!
Justitia Ruat Caelum!
Fidelicy
Nyamukondiwa writes in his personal capacity. Contactable on 0785827154 nh******@ya***.com | @FidelNyams
Nyamukondiwa writes in his personal capacity. Contactable on 0785827154 nh******@ya***.com | @FidelNyams
