News / Local
Bid to reduce maintenance payments fails
29 Nov 2013 at 03:04hrs | Views
A MARRIED father of five, who has been locked in a bitter maintenance battle with his "small house" since 1997, had his latest bid to reduce monthly payments from $130 to $40 dismissed as ridiculous at the maintenance court housed at Tredgold Building.
Mr Aiden Tichareva of 44 Klakia Close in Bulawayo's Harrisvale suburb, pleaded with Bulawayo magistrate Miss Eveline Mashavakure, to grant a variation for the maintenance of the child he had with Ms Evah Mangena, to $40 saying he was unemployed.
"Our child is doing Form Four. I have a wife who is not working and three minor children to look after. The maintenance order has become more of a punishment to my wife and children as I can no longer afford to sustain them. I am not employed your honour," said Mr Tichareva.
He said the court last month had granted him variation to reduce the monthly payments from $130 to $65. However, the magistrate could not find anything in the court records showing the reduction.
On being called to the stand, Ms Mangena said her former lover was lying that he had no source of income.
"All his other children are going to expensive private schools. He is a qualified teacher but refuses to work because he says he does not want to be a civil servant. He also has a Toyota Ipsum that he uses to pirate. His standard of living does not show that he is as destitute as he wants us to believe," said Ms Mangena.
She said the child in question was doing Form Four and school fees amounted to $175 per term.
The magistrate ruled that the grounds on which Mr Tichareva was seeking a variation were the same ones he used the last time he was in court.
"I cannot grant the variation because there has been no change of circumstances. The amount that you are seeking is too low for the upkeep of your child. The court therefore rules that maintenance be pegged at $100 every month," said Miss Mashavakure.
Court records show that Ms Mangena was granted maintenance for two children she allegedly had with Mr Tichareva in 1997.
According to the records, in 2001 Mr Tichareva disputed that he was the father of one of the children.
A paternity test that was done in 2011 proved him right.
The thick file has evidence of numerous defaults on payments by Mr Tichareva.
He was hauled to court on many occasions for not honouring his obligation. In July this year, he was sentenced to six months in prison for not paying maintenance for the remaining child. The sentence was, however, wholly suspended on condition that he paid up the arrears.
Mr Aiden Tichareva of 44 Klakia Close in Bulawayo's Harrisvale suburb, pleaded with Bulawayo magistrate Miss Eveline Mashavakure, to grant a variation for the maintenance of the child he had with Ms Evah Mangena, to $40 saying he was unemployed.
"Our child is doing Form Four. I have a wife who is not working and three minor children to look after. The maintenance order has become more of a punishment to my wife and children as I can no longer afford to sustain them. I am not employed your honour," said Mr Tichareva.
He said the court last month had granted him variation to reduce the monthly payments from $130 to $65. However, the magistrate could not find anything in the court records showing the reduction.
On being called to the stand, Ms Mangena said her former lover was lying that he had no source of income.
"All his other children are going to expensive private schools. He is a qualified teacher but refuses to work because he says he does not want to be a civil servant. He also has a Toyota Ipsum that he uses to pirate. His standard of living does not show that he is as destitute as he wants us to believe," said Ms Mangena.
She said the child in question was doing Form Four and school fees amounted to $175 per term.
"I cannot grant the variation because there has been no change of circumstances. The amount that you are seeking is too low for the upkeep of your child. The court therefore rules that maintenance be pegged at $100 every month," said Miss Mashavakure.
Court records show that Ms Mangena was granted maintenance for two children she allegedly had with Mr Tichareva in 1997.
According to the records, in 2001 Mr Tichareva disputed that he was the father of one of the children.
A paternity test that was done in 2011 proved him right.
The thick file has evidence of numerous defaults on payments by Mr Tichareva.
He was hauled to court on many occasions for not honouring his obligation. In July this year, he was sentenced to six months in prison for not paying maintenance for the remaining child. The sentence was, however, wholly suspended on condition that he paid up the arrears.
Source - chronicle
