Zambia Rights Guide
How to Claim Child Support (Maintenance) in Zambia
Both parents are legally obligated to maintain their children in Zambia under the Affiliation and Maintenance Act. Apply at the Subordinate Court — free of charge.
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Direct Answer
The Affiliation and Maintenance of Children Act Cap 54 and the Matrimonial Causes Act Cap 50 require both parents to financially maintain their children regardless of marital status. You can apply for a maintenance order at the Subordinate Court at no cost. Courts assess both parents' means and make an appropriate monthly order.
What the Law Says
Your Legal Foundation
Affiliation and Maintenance of Children Act Cap 54
Section 3
“A mother of an illegitimate child may apply to a subordinate court for a maintenance order against the father of the child.”
Matrimonial Causes Act Cap 50
Section 22
“The court may make such order as it thinks fit for the maintenance of children of the marriage, having regard to the means and needs of both parties.”
Constitution of Zambia 1991 (as amended)
Article 29
“Every child has the right to know and be cared for by both parents unless it is contrary to the best interests of the child.”
Common Questions
Frequently Asked Questions
Can I claim maintenance if we were never married?
Yes. The Affiliation and Maintenance of Children Act specifically covers children born outside of marriage. You must establish paternity — the court can order a DNA test if the father disputes it.
The other parent is not employed — can I still get a maintenance order?
Yes. Courts can make orders based on the parent's capacity to earn, not just their current income. The court considers age, health, skills, and earning potential.
Can a maintenance order be changed?
Yes. Either parent can apply to vary a maintenance order if there is a significant change in circumstances — for example, a job loss or a substantial increase in the child's needs.
The other parent has moved to another country — can I still get maintenance?
International enforcement is complex. Consult Legal Aid Board Zambia or a private lawyer who can advise on the specific country and any applicable treaty arrangements.
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