Zimbabwe Maintenance Court

Who Can Apply for Maintenance?

Any parent or guardian caring for a child
A grandparent or relative caring for a child
A child over 18 who is still in full-time education
A spouse (for spousal maintenance during or after divorce)

What Documents to Bring

Your national ID
Child's birth certificate (how to get one)
Proof of the child's expenses (school fees receipts, medical bills, rent receipts)
Proof of your income (payslip or affidavit of earnings)
Any evidence of the other parent's income (if available)
Marriage certificate (if applicable — how to get one)

Step-by-Step Process

Visit the Maintenance Court

Go to the maintenance court at your nearest magistrate's court. The maintenance officer will assist you.

Make a Complaint

The maintenance officer will record your complaint and details of the child's needs and expenses.

Summons Issued

The court will issue a summons to the other parent to appear in court on a specified date.

Hearing

Both parents attend the hearing. The magistrate will review both parties' income, the child's needs, and make a decision.

Maintenance Order Issued

The magistrate issues a maintenance order specifying the amount to be paid, frequency (usually monthly), and method of payment.

How Maintenance is Calculated

The court considers several factors:

The child's needs: food, clothing, shelter, school fees, medical expenses, transport
Both parents' income and financial circumstances
The child's standard of living prior to the parents' separation
Number of dependants each parent has
The paying parent's essential expenses (rent, transport to work, etc.)

Both parents are responsible: Maintenance is not solely the father's responsibility. Both parents are legally obliged to maintain their children according to their means.

If Maintenance is Not Paid

Failure to comply with a maintenance order is a criminal offence under the Maintenance Act. Options include:

Report to the maintenance officer at the magistrate's court
Warrant of arrest — the court can issue an arrest warrant for the defaulter
Garnishee order — the court can order the employer to deduct maintenance from wages
Attachment of property — the court can seize and sell the defaulter's property

Frequently Asked Questions

How is child maintenance calculated in Zimbabwe?

The court considers: the child's needs (food, shelter, school fees, medical), both parents' income and financial circumstances, the child's standard of living, and the number of dependants each parent has.

Who can apply for maintenance?

Any parent or guardian caring for a child can apply for maintenance from the other parent. In some cases, a child over 18 in full-time education can also apply.

What happens if the other parent doesn't pay maintenance?

Failure to pay a maintenance order is a criminal offence. The defaulting parent can be arrested and prosecuted. The court can also garnish their wages or attach their property.

Can I change the maintenance amount?

Yes. Either parent can apply to the court to vary (increase or decrease) the maintenance order if there has been a material change in circumstances, such as a change in income or the child's needs.