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Rumbidzai Tawonezvi-Moyo
Many parties that present their matters before the Maintenance Court are “self-actors”.
This means that they have not obtained any legal representation and as such they are putting forward their own claim before the Honourable Court.
They therefore have to justify their claim to the Court, and lead the necessary evidence in order for their application for maintenance to be successful.
This article therefore serves to provide a few pointers that self-actors should apply to their maintenance application in order to increase their chances of success. Before we begin the article, let us define a few of the key terms:
Claimant/Applicant: Party who is applying for maintenance
Respondent: Party who the claimant is claiming maintenance from
Now that we understand the key terms, the following are a few tips for a successful maintenance claim.
1) Prove and justify your expenses
The maintenance that one is claiming should not be a random figure which a claimant has thought up on a whim, but should be a carefully considered figure which is based on the expenses and the needs of the claimant.
It would help for the claimant to first draw up a monthly budget whereby they have considered all of their monthly expenses.
After reaching this figure, they may then use this figure to determine how much maintenance they are claiming from the other party.
It would help if you wrote down this budget on a sheet of paper and take it to Court so that you have the information at hand for you to relay to the magistrate and better articulate your claim.
Any successful claim heard in Court is based on evidence.
So it will be very beneficial to your claim for maintenance if you can gather up as much information as possible to support your claim.
For example if you are claiming the payment of school fees from the parent of the children in your care, it would help for you to obtain school fees invoices from the children’s school for you to present in Court.
If you are claiming purchase of school uniforms, you can also approach a supplier of your school uniforms in order to obtain an invoice for the cost.
If you are claiming money for groceries, you may bring a receipt from any supermarket where you have purchased monthly groceries for the household.
You may also bring medical aid documentation, utility bills, lease agreements and any other paperwork you may have to prove your monthly expenses.
This evidence will be helpful to satisfy the Court that the amount that you are claiming is justified and not exorbitant.
It is also important to note that the courts will not grant an order for maintenance that the respondent cannot afford, or that is well beyond the respondent’s means.
2) It takes two to take care of a child
Remember that where you are claiming maintenance for the upkeep of minor children, the Court does not expect the expenses to be wholly and completely covered by the respondent. The Court holds the view that each parent has the responsibility to provide for the financial needs of the minor children.
There is a common misconception that the father of the minor children is expected to care for all of their financial needs. This is not true.
The Court expects both the father and the mother to cater to the financial needs of the minor children.
So where you may successfully justify costs amounting to $500 for the care of the minor children, the Court will share that amount between the two parents subject to various factors such as the capabilities of both parents of the children.
This leads us to the next point.
3) Prove and justify your capability to maintain your child
The Court will be interested to know how you are catering to your financial needs and those of the children. It will need to know whether you are employed and if not, what your source of income is.
In this vein it is therefore important to bring evidence of your source of income, for example your payslip. This will assist the Court in quantifying a just order for maintenance.
4) Prove and justify the other party’s source of income and expenses
Although this may be very difficult, it is also necessary for a successful claim of maintenance.
A respondent may lie to the Court with regard to their source of income or inform the Court that they are unemployed when they are in fact employed, or they may lie about how much they earn, or the respondent is self-employed or involved in the informal sector.
Their income may be difficult to prove as a result.
Nonetheless, ZWLA strongly advises applicants to try as much as possible to tender evidence which may prove the source of income of the respondent. So if they are able to bring a payslip of the respondent they may do so.
If they are not able to obtain the respondent’s payslip, then the Court may order the respondent’s employer to provide one.
If the respondent is self-employed and runs their own business, then the applicant should bring a receipt or an invoice from the applicant’s business or any other proof of income.
It would be helpful for one to give evidence with regard to the lifestyle of the respondent. So, for example, if you can prove that the respondent has recently made an extravagant purchase or has a lifestyle that you believe may prove that they are able to satisfy your claim, show the Court.
5) Honesty is the best policy
ZWLA encourages its clients to be honest when making a claim for maintenance.
Do not lie to the Court. Do not inflate the respondent’s source of income and do not reduce your own in order to mislead the Court.
Where you may have failed to bring any written evidence to justify your claim, the Court will have to rely wholly on your oral evidence.
This means the Court will scrutinise your testimony. If the Court has reason to believe that you are not being truthful, this will negatively affect your claim.
The last thing you want is for the Court to have a negative impression of you, so please be honest. A maintenance application should not be used to spite the respondent. It is not a tool that may be used to rectify marital issues between parties either.
Maintenance applications should only be required as a necessity, to be used when the claimant genuinely needs assistance to care for the child.
6) Don’t overshoot (Claim too much)
Many people have the wrong assumption that you can approach a maintenance Court once in a lifetime. So they may be claiming maintenance for a three-year old child, but may claim an amount enough to care for a school going child.
This in most cases is done in anticipation for the following year when the child is going to pre-school. ZWLA strongly advises to only claim enough money for you at the time you are claiming maintenance. If your monthly expenses increase the following year, you may always apply for an upwards variation. This is an application whereby you are explaining to the Court that there has been a change of circumstances and you therefore need an increase in the monthly maintenance you are receiving.
We at ZWLA hope that this article has been helpful and informative in assisting you with a valid claim for maintenance. Remember that evidence is key, and that is what makes the difference between a successful and unsuccessful claim.
- For feedback questions and comments please feel free to email [email protected] or to phone our hotline number on 0782 900 900 or our toll free on 08080131
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