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Daniel Nemukuyu Senior Reporter
A retired police sergeant had 15 percent of his terminal benefits for 25-years of service garnished by the court as maintenance for his daughter for fear he would not take care of the child on retirement.
Chitungwiza magistrate Mrs Nomsa Nyemba granted lump sum maintenance and ordered that part of retired sergeant Godfrey Zembe’s pension be garnished to cater for one of his two daughters he sired with his erstwhile wife Mrs Selina Zembe.
Out of the US$26 000 pension that Rtd Sgt Zembe is entitled to, his ex-wife was claiming half the amount (US$13 000) for the upkeep of the children but the court ordered him to pay US$3 900, which translates to 15 percent.
Mrs Nyemba made the ruling in the case on February 25.
“Application for lump sum maintenance is hereby granted. Respondent is hereby ordered to pay 15% share of his terminal benefits towards his one child Nyasha Zembe.
“Each party to bear own costs,” she ruled.
Ms Zembe filed the application at the Chitungwiza Magistrate Court last month through his lawyer Mr Lawman Chimuriwo of Lawman Chimuriwo Attorneys at Law.
She argued that Rtd Sgt Zembe, who was based at Mbare Police Station, was once her husband and they divorced in 2002.
In terms of the divorce order, Ms Zembe was granted custody of the couple’s two daughters Espher and Nyasha who were then 11 and nine-years-old respectively.
The woman claims she fended for the girls on her own as the father defaulted paying maintenance in breach of a 1997 court order.
Last year, the court ordered him to pay US$60 per month for the two daughters.
In January this year he applied for his terminal benefits on retirement after serving the police force for 25 years.
Online Reporter