adminLethokuhle Moyo Court Reporter
A $4,000 lump sum maintenance claim was yesterday turned down after a Cowdray Park woman failed to prove in court how much her estranged was going to earn after his resignation.Thandiwe Khanye told Maintenance Court magistrate Sheunesu Matova that she was scared that her daughter was not going to benefit from Jacob Musumbi’s pension lump sum payout.
She said Musumbi who works at Dairiboard Zimbabwe Limited, was about to resign from his job, but she was not aware how much he was going to get.
Khanye said she needed the money for her daughter’s future educational needs.
“Your Worship, Jacob is about to leave employment and my child is still going to school. This lump sum I am claiming is going to cater for all her future educational expenses,” she said.
She added that Musumbi was inconsistent in paying a $60 monthly maintenance payment and she had to go back to court to apply for the money to be garnished from his salary.
Musumbi admitted that his resignation was imminent but told the court that he was not aware how much money he would get from that.
However, he denied that he was not consistent in paying the monthly maintenance.
He said he had proof showing that he was depositing the money into her account every month.
“Your Worship, the problem was her bank but I was depositing the money every month. I have a wife and four children and she is employed. She has to contribute here and there for the child. Even if I get a lump sum I won’t afford to pay her that amount.”
Magistrate Matova dismissed the lump sum application saying Khanye did not have a figure as to how much Musumbi would get after his retirement.
Online Reporter