Harare man ordered to pay increased maintenance

A Harare man who pleaded poverty while repeatedly failing to support his minor child has been ordered by the court to pay increased monthly maintenance following years of neglect.

Meolah Nyawiri approached the Harare Civil Court seeking an upward review of maintenance from US$70 to US$180 for the upkeep of their 11-year-old child. She cited Owen Kampanda's persistent failure to comply with a maintenance order granted in 2018.

Nyawiri told the court that Kampanda went for most of last year without making any meaningful contribution towards the child's upkeep, resulting in school fees arrears. When he did send money, she said, it was often after repeated demands and in amounts as little as US$10, which she described as inadequate.

"Tuition fees are outstanding. He only sends money after I have said a lot of harsh words," Nyawiri testified.

Kampanda opposed the application, offering to pay US$30 per month. He claimed he was unemployed and relied on occasional piece jobs for survival, adding that he had other dependants, including an infant and a six-year-old child.

"I do not work, meaning I cannot afford the amount she wants. I have another family to feed," he told the court, proposing that school fees be shared equally between him and Nyawiri.

However, the court heard that despite his claims of financial hardship, Kampanda had shown little effort to comply with the existing maintenance order.

In her ruling, presiding magistrate Ms Hannah Fazilahmed said a parent's legal obligation to maintain a child cannot be avoided under the guise of financial difficulties. She granted the application for an upward review and ordered Kampanda to pay US$150 per month in maintenance.

The magistrate also ruled that school fees, including outstanding arrears, be shared equally between the two parties.