Man faces jail over defaulting on maintenance paym...

Man faces jail over defaulting on maintenance payment

Michael Mashiri

A man who defaulted on ZWL$100 000 maintenance for four children in six months has taken his former wife to court, pleading for the amount to be reduced.

Chrispen Nyamaposa and Agnes Mutawo appeared before magistrate Sharon Mashavire, at the Harare Civil Court with the former pleading for a downward variation of the amount he was ordered to pay in October last year.

Nyamaposa claimed he had only paid only ZWL$70 000 since October 2022, citing that he was helping the children through paying school fees for them.

Magistrate Mashavire told Nyamaposa that it was a crime to ignore a court order and he was supposed to pay the ZWL$600 000 arrear he defaulted in the last months.

“A court order is not negotiable. What you want to do is not possible. The ZWL$600 000 the court ordered you to pay you have only paid ZWL$70 000.

“Do not waste the time of the court,” she said.

Mashavire asked Nyamaposa that if he was given the same amount to do shopping for the children with bank charges if he could manage it.

She told him that is only fair if he could be practical with the offer he was making.

Mashavire told Nyamaposa that if he was paying money without depositing money in the account it was like he was not complying with the court order that he was given.

“It is like giving ZWL$11 000 per child every month. You do not make your own orders, you must comply.

“If you are giving her money in hand and you are not doing as the court ordered, you will be regarded as not compliant to the order,” she said.

Matawo responded that Nyamaposa had paid the money so as to cover up for the defaults he had made.

Mashavire told Nyamaposa not come to court with dirty hands and she dismissed his application.

She advised Matawo to get a bank statement which shows that he had been defaulting payment and show it to the clerk of court and a warrant of arrest will be given.