$114k maintenance claim thrown out

20 May, 2022 - 00:05 0 Views
$114k maintenance claim thrown out The matter has now spilled into the courts

The ManicaPost

 

Tendai Gukutikwa
Weekender Correspondent

A MUTARE woman was left disappointed after her $114 000 maintenance claim against her ex-husband who works at a sawmill was thrown out by the court.

Maybe Mandiyanike was, however, granted US$50 maintenance for the three minor children she has with Robert Sithole.

The court also reprimanded her for demanding the outrageous amount from someone who is only paid US$80 by his employer.

Presiding magistrate, Mr Xavier Chipato also ordered Sithole to pay school fees for the three children.

He is required to fork out $34 000 as school fees every school term for his children.

Mr Chipato also ordered Sithole to deposit the maintenance into Mandiyanike’s foreign currency bank account.

Mandiyanike had told the court that she wanted Sithole to review the amount he had been paying towards the upkeep of his children from $140 to $114 000.

Asked to break down the amount she was asking for, Mandiyanike said she wanted to use $80 000 for groceries, $34 000 for school fees, $13 000 for rentals and bills, $15 000 for clothes, $10 000 for transport and $10 000 for the children’s medication.

However, Mr Chipato explained to her that child support should be paid by both parents.

“Maintenance should be an equal responsibility for both parents and not a burden to only one parent. It should not be a way to get back or fix the other parent. If he is to pay that much, how much are you offering to give to the children?” he asked.

Mandiyanike offered to pay $40 000 towards the upkeep of the children.

However, Sithole told the court that he could not afford to pay $114 000 and offered to pay US$50 and the children’s school fees.

Sithole told the court that he has three other children with his new wife and pleaded with the court to be granted full custody of the children he sired with Mandiyanike.

“Maybe she should give me the children so that all expenses that have to do with rentals, bills and groceries fall away as they are the most expensive on her list. How can three children need groceries worth $80 000? If I take custody of the children, we will survive on the little that I get,” said Sithole.

Mandiyanike, however, said the other three children that Sithole had mentioned are not his.

She accused him of living a lavish life with his stepchildren while neglecting his biological children.

“The other three children that he is claiming to be his are from his new wife’s first marriage.

“They are his step-children and should be looked after by their own father, while he looks after his own children. If he insists that they are his biological children, then he should bring their birth certificates to court,” she said.

Mr Chipato ordered Sithole to pay the children’s school fees and US$50 maintenance every month until the children turn 18 or become self sufficient.

 

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