Court turns down woman’s demand for US$200 maintenance

 

Dalyn Chigwizura Court Reporter

A Bulawayo woman left the court disappointed after her plea to have the father of her two children pay US$200 in monthly maintenance was dismissed.
Busani Khumalo, of New Magwegwe, appeared before Western Commonage magistrate, Mr Mehluli Moyo, applying for a maintenance order for her two minor children.

Khumalo dragged Shepard Moyo, the father of her children, to court for allegedly failing to provide school fees, food, and rent.
The two have a 13-year-old daughter and a 9-year-old son, born during their past relationship.

When Khumalo was asked by the magistrate how much she wanted the father to pay, she said US$200 per month, thus US$100 for each child.
In response, Sheppard said he could not afford that amount since he was staying with one of the children while Khumalo was staying with the other. He offered to pay US$30 per month for the child in Khumalo’s custody, while continuing to care for the one living with him.

The magistrate then asked Khumalo what she thought of the US$30 offer.
Her response shocked the court, as she shouted at the top of her voice, while throwing her hands in the air and shaking her head in disagreement, saying the amount was ‘too little’.

She demanded that Moyo return the minor child in his custody, insisting she should have both children.
The magistrate asked Khumalo if she knew the father also had the right to claim maintenance.

“He could also come here and claim you’re not supporting the child he’s staying with, but he didn’t. Instead, he offered US$30, and you said it’s too little,” said Mr Moyo.

“The child you’re referring to is a minor. Has she reported any abuse? If not, respect her choice to stay with her father,” he added.
In his ruling, Mr Moyo said he could have ordered that each parent care for the child they live with, but since the father had offered support, he has been ordered to pay US$30 starting December 31, every month until the child turns 18.

Khumalo left the courtroom with a frown on her face, visibly disappointed that the court did not grant her the outcome she had hoped for.

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