Man suffers maintenance variation disappointment

Takudzwa Mangrozah-Herald Reporter

A CITY man yesterday left the court  with bitterness after his application for a downward variation of maintenance was dismissed.

The court ruled that the proposed amounts were inadequate to meet the needs of the children.

Slyvester Munemo approached the court seeking a reduction in maintenance from US$100 to US$60 per month and a decrease in his contribution towards school fees from US$300 to US$100.

He told the court that his financial circumstances had changed since January, as he was no longer employed and was struggling to raise the money.

Munemo also argued that although records showed he consented to the original order, he did not fully understand what the respondent’s lawyer had advised him to agree to at the time.

The respondent, Fortunate Makunyara, opposed the application, telling the court that school fees amounted to more than US$2 000 per term and that the proposed variation was unreasonable.

She alleged that since 2015, the applicant had been evading his parental responsibilities.

She further told the court that last month he defaulted on maintenance, leading to police intervention in order for him to pay.

“My children are chased away from school because of his failure to pay school fees on time,” she said, adding that the previous order did not specify a time-frame within which school fees were to be paid.

She asked the court to set clear timelines for payment.

In her ruling, Magistrate Hannah Fazilahmed dismissed the application, noting that the amounts offered by the applicant were too low and would result in Makunyara taking care of nearly all the children’s expenses.

The court reiterated that it was the responsibility of both parents to provide for their children.

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