Harare Civil Court rejects dad’s bid to slash child maintenance due to daughter’s special medical needs

Sekai Manyere

Herald Reporter

A Harare man’s attempt to reduce his children’s monthly maintenance from US$65 to US$25 has been dismissed in the Civil Court after it emerged that one of his children requires ongoing medical care.

Mr Clever Makwepa appeared before the Harare Civil Court on Wednesday seeking a downward variation of the maintenance he pays for his three children.

He told the court that he wanted the maintenance fee reduced because two of the children are now living with him in Kuwadzana.

“The children now require bus fare from Kuwadzana to Budiriro where they used to stay with their mother,” he said.

Mr Makwepa added that he lost his job after he sustained injuries in a road traffic accident.

“I am no longer employed, and I have a knee injury from the road accident,” he said.

He told the court that he survives on a pension payout from the National Social Security Authority and receives only US$65 per month.

Continuing to pay US$65 in maintenance, he said, was beyond his means given the new circumstances.

However, his former wife Ms Patience Mapuka opposed the application, saying the maintenance could only be reduced to US$50 because of their child’s medical condition.

“The child needs medication monthly and if it gets to US$50 it will be fine,” she said.

Mr Makwepa disputed his ex-wife’s submission saying the child receives free medication at Sally Mugabe Central Hospital.

“I used to collect her medication from the hospital during the time we used to stay together,” he said.

Ms Mapuka told the court that the child suffered a stroke at the age of nine and later developed epilepsy, which resulted in brain damage.

“The child no longer does anything on her own and in school, she is in a special class,” she said.

After hearing submissions from both parties, presiding magistrate Ms Janemary Makonye dismissed Mr Makwepa’s application for a downward variation, citing the child’s health condition.

The court ordered him to continue paying US$65 per month in maintenance.

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