Online Reporter
Alicia Kadzviti
A Harare man who pleaded poverty while failing to consistently support his minor child has been ordered to pay increased monthly maintenance after his former partner took him to court over years of neglect.
Meolah Nyawiri approached the Harare Civil Court seeking an upward review of maintenance from US$70 to US$180 for the upkeep of their 11-year-old child, citing Owen Kampanda’s persistent failure to honour a maintenance order granted in 2018.
Nyawiri told the court that Kampanda went through most of last year without making meaningful contributions towards the child’s upkeep, resulting in school fees arrears.
When he did send money, she said, it was only after repeated demands and in amounts as low as US$10, which she described as grossly inadequate.
“Tuition fees are outstanding. He only sends money after I have said a lot of harsh words,” she told the court.
Kampanda opposed the application, offering to pay US$30 per month.
He claimed he was unemployed and survived on occasional piece jobs, adding that he had other dependants, including an infant and a six-year-old child.
“I do not work, meaning I cannot afford the amount she wants. I have another family to feed,” he said.
He proposed that school fees for the minor be shared equally between him and Nyawiri.
However, the court heard that despite his claims of financial hardship, Kampanda had shown little regard for complying with the existing maintenance order.
In her ruling, presiding magistrate, Ms Hannah Fazilahmed, said a parent’s obligation to maintain a child cannot be avoided under the guise of financial difficulties.
She granted the application for an upward review and ordered Kampanda to pay US$150 per month in maintenance.
The magistrate further ruled that school fees, including outstanding arrears, be shared equally between the parties.
