Mum who did not pay child support gets jail converted to €300 fine

The Court of Appeal converted a month's jail term handed to Nikolina Vella to a fine of €300 after she appealed from a conviction of failing to pay child support to her former husband.

When the former couple filed for separation, the husband received custody of their children and the wife was ordered to pay maintenance. The couple agreed that the children would alternate weekly between their residences. On 6 May 2013, Vella was found guilty of not paying the maintenance due to her estranged husband.

However in 2012, Vella omitted to pay maintenance for six months and her former husband filed against her. Vella argued that during the six months in question, she had spent more on the children than what their father had spent, hence she did not owe him any payments.

She also claimed that the husband himself had agreed to waive any monies owed if the children spend the same length of time with their mother, as they did with him. The Court of Magistrates found Vella guilty of not paying her child support and handed her a month's jail term. The convicted appealed judgement.

Ruling on Vella's appeal, Mr Justice Lawrence Quintano heard that the couple had since reached a payment agreement for the outstanding amount of €2,000. Taking the witness stand the estranged husband testified that he had been receiving child support regularly since December 2012.

Judge Quintano rejected Vella's appeal from the previous judgement and upheld the conviction of the first court. However the judge converted the month's jail term to a €300 fine.

Lawyers Franco Debono and Marion Camilleri appeared for the accused.