Beneficiary of maintenance order earns more than parent
The District Court issued a maintenance order requiring me to take care of a child born out of wedlock. I have been abiding by the order since the year 2009, when the child was two years old. That child is now sixteen years old and, fortunately, was recently engaged by one of the blue chip companies for her to feature on the company’s billboards and in television adverts. She is recognized as a young celebrity and has secured a five-year contract with that company, which pays her on a monthly basis, almost ten times my earnings. I want to stop paying monthly maintenance allowance to her mother, mainly for two reasons. Firstly, because the child’s monthly income is now higher than mine and, secondly, because she refused to pursue university studies although she performed well in her secondary school. Unfortunately, her mother threatens me that I will be defying the Court order. Please advise me.
TK, Dar
It is under the Tanzanian Law of Child (the Act) that a parent in respect of whom an order of parentage has been made, shall have a duty to contribute towards the welfare and maintenance of the child to supply the necessities for survival and development of the child. The Act, however, stipulates that a maintenance order issued by the Court expires when the child attains the age of 18, is gainfully employed or dies before attaining the age of 18. Further, according to the Act, the Court may continue to enforce a maintenance order after a child has attained 18 years if the child is engaged in a course of continuing education or training.
Given the circumstances that your daughter, though still a minor, is gainfully employed and is presently not engaged in a course of continuing education or training, we advise you to apply for a maintenance discharge order from the Court. Her mother’s intimidations are not justified under the Act if you have this discharge order in place. Your attorney can guide you further.