Constitutional case filed by father failing to pay child support

In an unprecedented case, a husband who lost his job and could not pay child support asked the Constitutional Court to declare imprisonment in his case of defaulting to pay maintenance as being in breach of his human rights.

In January 2010, the man lost his job at the Freeport Terminals, however two years later the Industrial Tribunal declared his termination was unjust. The Tribunal ordered the company to re-employ the man. The company appealed the Tribunal's decision and only employed the man after the appeal was rejected in April 2013.  Not having had any income for three years, the husband could not pay €400 monthly in child support which led to repeated legal complaints by the  estranged wife. An application filed by the husband calling for a respite in maintenance payments was only partially upheld with the court ordering him to pay only €200 for three months and then return to the pre-agreed payments.

Since losing his job in 2010, the man accumulated €6,000 in arrears. While the husband agreed to pay his arrears, the former wife refused to accept repayment terms and insisted with the police to proceed against the man. If found guilty of relapsing on payments, the former husband faces repeated prison terms.

In view of his long unemployment and the acceptance of payment terms by the former wife, the man has today requested the Constitutional Court to declare the punishment of jail term in his case as being in breach of his fundamental human rights as he was financially unable to pay his dues.

The lawyers argued that the arrest and detention over unfulfilled obligation incumbent on the person concerned must be for the purpose of securing its fulfilment and not as a punitive measure. Moreover a democratic society should find a balance between the securing of an obligation and the person's right to liberty.

Lawyers Joseph Gatt and David Camilleri signed the Constitutional application.