Online Reporter
Tendai Vambe
Weekender Reporter
A MUTARE woman has successfully secured a child maintenance order after convincing the civil court that the amount being offered by the father of her child was inadequate to meet the needs of their five-year-old child.
The couple appeared before Mutare magistrate, Ms Sarah Kanyenze, who heard submissions from both parents before ordering the father, Brian Chibayo, to pay US$50 per month in maintenance.
The applicant, Oppah Muchaduka, said she had single-handedly raised the child for the past five years and required financial assistance to provide basic necessities.
“US$40 is too little because I have the child. I have to buy food for the child and clothes. I need US$80,” she said.
Muchaduka initially sought a maintenance order of US$80 per month, arguing that the money would help cover food, clothing and other essential needs for the child.
Chibayo, however, opposed the amount, saying his financial circumstances only allowed him to contribute US$40 per month.
“I can only afford US$40 because I too have responsibilities,” he said.
The court heard that Chibayo is married and has three other children whom he also supports.
In support of his position, he produced proof of earnings showing a monthly income of US$309 and ZiG5 899.
He argued that any maintenance award should take into account his obligation to provide for all his children and maintain his household.
During the proceedings, the court emphasised that all children are entitled to equal treatment and that one child should not be prioritised at the expense of others simply because a maintenance application had been filed.
The magistrate also noted that Chibayo needed to retain part of his income to meet his own living expenses and support his dependants.
However, Muchaduka maintained that she had shouldered the financial burden of raising the child without meaningful assistance from Chibayo.
“For five years, I have been taking care of the child alone,” she said.
As the hearing progressed, Muchaduka softened her initial demand, reducing the amount sought from US$80 to US$50 per month.
“I want US$50,” she said.
The matter ultimately centred on whether Chibayo could reasonably afford the additional contribution while still meeting his other financial obligations.
After considering the evidence presented by both parties, Ms Kanyenze ruled in favour of a US$50 monthly maintenance award.
The court ordered that the money be paid directly to Muchaduka for the upkeep of the child. The maintenance order will remain in effect until the child reaches the age of 18.
