Court orders father to pay €64,657 in maintenance to three children

In a judgment handed by Mr. Justice Noel Cuschieri, presiding over the Family Court, a father was ordered to pay  a total of €64,657.50 in maintenance for his children till they become of age. He was also ordered to pay €16,000 in maintenance arrears which date back to 2008.

The amount was calculated in a decree which decided on separation proceedings between a couple, who had married in October 2001, and had three children.

During submissions, the Court heard the wife state that the relationship with her husband was a good one, until she discovered that she was pregnant with their first child.

She alleges that her husband  wanted her to carry out an abortion and, when she refused, he even used to drive through very bumpy roads to induce an abortion.

She claimed that her husband never gave her any money, and that she had to find a part-time job in order to pay the bills, including the house mortgage and a loan for her car.

The wife alleged that her husband was violent, and verbally and physically abusive towards her.

She recounted an occasion when he stuffed her face with her childrens dirty underwear, and made the children laugh at her.

The Court also heard the wife claim that she had been locked out of home on more than one occasion by her husband, and eventually, due to his abusive behaviour, she had to leave the house and went to live with her parents for some time.

However the place was too small for them all, and she found refuge at the YMCA and later at Agenizija Appogg hostel 'Tereza Spinelli Home.'

Denial

In his defence the husband denied any violent behaviour towards his wife or children.

He claimed that his marriage in 2001 was going well, until he found out that his wife was dabbling with fortune tellers which caused problems in their marriage.

He said that his wife never gave him any physical or emotional support and that he had to do everything on his own and pay everything himself.

The husband submitted that he had lost his job, and as a result of which, it was his wife who had to pay off the bank loans.

He alleged that his wife was not faithful to him, "she use to take my children with other men. She used to prefer going out with them than going out with me and the whole family."

Court's observations

The Court noted conflicting evidence by the two disputing parties, but remarked that some evidence of abusive behaviour transpires from the fact that the wife had to leave the matrimonial home, together with her children and stayed for some time at the YMCA and Agenzija Appogg.

The Court also noted that the husband's behaviour also had a very negative effect on his three children "who have been showing worrying signs as confirmed by the various expert witnesses."