Applications for maintenance are made in terms of the Maintenance Act [Chapter 5:09], in terms of the Matrimonial Causes Act [Chapter 5:13] in relation to spousal maintenance or in terms of the Deceased Persons Family Maintenance Act [Chapter 6:03].

Both parents of minor children (children who are under 18years of age) have a legal duty to provide for the welfare their children. However, the custodian parent (parent who is staying with the children) can claim maintenance from the non-custodian parent. The non-custodian parent has a legal duty to contribute towards maintenance of the minor children. A spouse can also claim maintenance from the other spouse upon divorce. Dependants of a deceased can claim maintenance from the deceased’s estate.

HOW IS THE MAINTENANCE ASSESSED?
The amount is assessed according to the means of the parties vis a vis the children’s needs. The classic case and the leading case is the Gwachiwa vs Gwachiwa SC-134-86 case which has led to what is commonly known as the Gwachiwa formula where earnings of the parties are added and respective shares allocated to them and the children.


In relation to spousal maintenance upon divorce, various factors are taken into account and the Zimbabwean courts adopted a very strict approach to the effect that post-divorce spousal maintenance is not just for the asking. The Applicant must prove the need. The position was aptly noted in the classic case of Chiomba v Chiomba 1992 (2) ZLR 197 at 197F-198B wherein court was stated that:-

“Marriage can no longer be seen as providing a woman a bread ticket for life. A marriage certificate is not a guarantee of maintenance after the marriage has been dissolved”

The beneficiaries to a deceased estate can claim maintenance from the deceased’s estate pending finalisation/winding up of the estate. The award and quantum of the maintenance depends with the availability of funds in the deceased’s estate.

WHO CAN CLAIM MAINTENANCE
The following persons can claim maintenance

1. Either parent on behalf of their minor child/ren.
2. A probation officer on behalf of the minor child/ren.
3. Any person having care or custody of the minor child/ren.
4. A child who has reached 18years but is not yet self sufficient can claim maintenance from their parent
5. A spouse .

CAN A MAINTENANACE ORDER BE VARIED?
Yes, if there is a significant change in circumstances, a maintenance order can be varied upwards or downwards. The Matrimonial causes Act also provides for variation, amendment, suspension or rescission of order.

UNDER WHAT CIRCUMSTANCES CAN A MAINTENANCE ORDER BE DISCHARGED
A maintenance order can be discharged in the following circumstances;

1. If a child reaches 18years of age, the maintenance order is automatically discharged.
2. When a child becomes self-supporting.
3. When a child dies or marries.
4. When a child is adopted.
5. When a spouse dies or re-marries.
6. Where there is a specific period in respect of spousal maintenance, when such period lapses.

For any inquiries relating to Guardianship and Maintenance in Zimbabwe, kindly get hold of our Family Law Practice Group on info@mmmlawfirm.co.zw