In Zambia, child maintenance is a legal responsibility established through court orders. The law creates presumptions about who must pay. If the child's parents were married when the child was born and both are living, maintaining the child is their joint responsibility [Children's Code, S.129]. If the parents were never married to each other, the mother and father still share joint responsibility for maintenance [Children's Code, S.129]. Where guardians have been appointed, they also share responsibility for the child's maintenance [Children's Code, S.129].
A court may make a maintenance order in several situations. When granting a divorce, annulment, or judicial separation, the court must make maintenance orders requiring one party to make periodic payments or secure periodic payments for the child [Children's Code, S.137]. The court can also make a maintenance order when varying or discharging a custody order [Children's Code, S.149]. Maintenance orders typically specify the amount and period of payments.
Maintenance orders continue until the child reaches 19 years old [Children's Code, S.134]. However, if the court finds that the child is receiving or will receive instruction in a profession or vocation, the order may extend beyond the child's nineteenth birthday [Children's Code, S.134]. This allows for continued support during education or vocational training.