Lawyer Clarifies Child Maintenance Laws amid Rising Disputes Among Parents

Tendai Nyambara

A legal expert has moved to clarify how child maintenance is calculated and enforced in Zimbabwe, amid growing disputes between parents over payment obligations, income disclosure and accountability.

Speaking during a Matpulse’s Weekly Pulse discussion on Thursday, Legal Resources Foundation lawyer Joseph Makuni said child maintenance remains one of the most misunderstood areas of family law, often fuelling conflict between separated or divorced parents.

“Child maintenance is money that is paid to help support one’s child or children and it is paid to someone who usually has custody of the child,” Makuni explained, adding that the obligation applies to both fathers and mothers depending on who has custody.

Makuni outlined that Zimbabwean courts commonly rely on the Gwachiwa Formula to calculate maintenance, using a parent’s net income after statutory deductions such as PAYE and NSSA. He said the formula applies percentage guidelines based on the number of children being maintained, though courts retain discretion.

“This is not cast in stone and the court can look into the different needs of the child. What is important is considering the best interests of the child,” he said.

The discussion also addressed challenges posed by parents who are not formally employed. According to Makuni, courts rely on income estimates in such cases, but alleged earners are given an opportunity to disprove claims.

“ Usually courts will ask the parent how much they earn. For example if the mother says the father earns 200 dollars, the court will ask the father to confirm or disprove the claim,” he said.

Makuni further clarified that maintenance does not have to be paid strictly in cash, as parents may contribute in kind through school fees, medical aid or clothing.

“Maintenance can be in kind. The parent can offer to pay school fees directly or buy clothes and uniforms, and this works to reduce the monthly maintenance figure,” he said.

On enforcement, Makuni said defaulting parents risk criminal sanctions, including imprisonment, while formally employed parents may be subjected to garnishee orders.

“Failure to pay can lead to criminal arrest. A parent who defaults can be imprisoned for failure to pay maintenance,” he warned.

Host Tendai Nyambara reminded participants that maintenance obligations are not gender-specific.

“Maintenance is paid to the parent who is taking care of the children, meaning even the mother can pay maintenance to the father if he is the one taking care of the child,” she said.

Makuni also dispelled the belief that remarriage ends maintenance responsibilities, saying the law remains clear regardless of new relationships.

“Marriage does not legally affect the issue of child maintenance. A parent is legally obligated to pay maintenance even if they have remarried,” he said.

The session also touched on paternity disputes, with Makuni confirming that men who later prove through DNA testing that they are not biological fathers may reclaim maintenance paid.

“Yes, you can sue for money paid as maintenance if you prove you’re not the father,” he said.

Concluding the discussion, Makuni stressed accountability in parenting, quoting a principle he said guides maintenance law.

“There is no pleasure without responsibility. People should learn to be accountable and take care of their children,” he said.

The discussion highlighted persistent tensions around child maintenance while underscoring the need for accessible legal education to protect children’s welfare and reduce conflict between parents.