Woman ordered to reimburse maintenance to estranged husband
A court has ordered a woman to reimburse her estranged husband the maintenance he had paid her for the child she bore during their marriage after it resulted that he was not the child's biological father.
The judgement was delivered by Mr Justice Mark Chetcuti following an application for reimbursement filed by the man.
The court heard how the couple had married in 1995 and the girl was born in 1997. The couple separated by court judgement in 2004 and the man was ordered to pay monthly maintenance of €174.70 to his wife for the daughter.
Following an action of denial of paternity, the Family Court established that the child born in the marriage was not the man's biological daughter. The court also ordered that the obligation on the part of the estranged husband was to cease forthwith.
In today's judgement the court noted that estranged husband was requesting the refund of all maintenance he had paid in respect of the child up to the date it was established that she was not his biological daughter. The sum he claimed was of €18,114.66.
The Civil Court upheld his request and ordered the woman to reimburse €18,114.66.
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B Attard
Oct 4th 2011, 20:49
@ Mario Sammut
The rights are in the hands of the parent which ends up single and hassle free without the children's custody. The other part is always disadvantaged financially, physically and mentally with all that stressful burden.
No wonder nowadays some seperated couples are not accepting their children's custody.
joseph gaffarena
Oct 4th 2011, 18:53
Woman rights HUH,
I, never saw a woman builder,with a 30kilo stone on her shoulder.
N Mifsud
Oct 5th 2011, 12:07
I never saw a man giving birth either...
Giovann Demartino
Oct 4th 2011, 18:05
And if the wife has no money?
Mario Brincat
Oct 4th 2011, 19:08
Giovann remember that under this government everyone has loads of money, at least that's what you what us to beleive
Joseph Sammut
Oct 4th 2011, 19:25
Hello BOV or HSBC or some other bank
stephen koludrovic
Oct 4th 2011, 21:53
If she has no money, she can always ask the person that got her pregnant, to pay off her ex husband.
Mr Angus Black
Oct 4th 2011, 21:55
Sarcasm will not answer a very valid question.
In case the mother has no money, she should reveal the identity of the father and he will be obliged to reimburse her. This business of having 'single mothers' which in theory and practice cannot be unless we go back to the only one unique case 2000 years ago, an 'unknown father' is simply not acceptable.
This woman falsely declared her ex as the father and if the support was established by the courts, there is also the possibility of perjury.
The bottom line is that if she does not have the money to support the child, however repulsive it may be, the State (you and me) will have to chip in and support the child who is absolutely blameless in this situation. If mothers of children with'unknown fathers' are entitled for support, then so should this mother. As far as arrears go, she had better make arrangements with her ex to repay him so much a month until the amount is fully repaid. He strikes me as a reasonable person who was patient enough paying his ex for several years while strongly suspecting that he was not the child's father.
r buttigieg
Oct 5th 2011, 14:05
@angus black.... don't you think she she be made to go to work? it should be compulsory to work to provide for your kids after all
Mr Paul Barrett
Oct 4th 2011, 17:38
Is there not some re-calculation going to be required regarding the IR and tax allowances claimed. I wonder how far back the IR will go.
That aside, I also wonder what the chances are of him ever seeing much, if any of this money returned.
Mr George Farrugia
Oct 4th 2011, 22:19
Paul... maintenance of the child is not tax deductable, but maintenance of the wife is. And for the latter the wife would be personally taxable. Hence, in this case, as the maintenance was towards the child there is no need for the CIR to recalculate anything.
Mario Sammut
Oct 4th 2011, 17:32
wel done to this man . Women have too many rights and should be made to pay for their actions .
Elaine Compagno
Oct 4th 2011, 18:22
Women have too many rights. Haha. I pity the women who have to be around people like you with that kind of thinking.
Actually, the maintenance was not even the woman's right. It was the child's. Of course it was also due from her natural father... and since this man could prove he was not the father, then reimbursement is HIS right. So yes, well done.
Mr B. Fenech
Oct 4th 2011, 20:34
I think what he meant is women seem to have more rights than man in the legal aspect of things.
leonard lombardo
Oct 4th 2011, 21:57
agreed 100% they have far to many rights and if someone says no than it must be a woman who said it
Ms Dorielle Soler
Oct 6th 2011, 09:16
How dare we have rights at all, Mr Lombardo, that's what I'd like to know ! I mean, its not as if we're MEN are we ! I feel for you so....... Stupid, weak female that I am, I did not realise that we had the 'right' to adultery and the foisting of our resulting child onto our husband or we might all be tempted. WHAT THE HECK DO WOMEN'S RIGHTS HAVE TO DO WITH AN ADULTEROUS WOMAN WHO PRETENDED HER CHILD WAS HER HUSBAND'S ????? Naturally, all fathers pay maintenance to their children - or are you against that ? - so naturally the husband paid up for his child UNTIL it transpired the child was not his. Case closed. Any husband who suspects 'his' kid is not his knows about DNA tests so is safeguarded.
Darren Portelli
Oct 4th 2011, 16:56
The exact opposed was once ruled in a Canadian court;
http://www.thestar.com/living/article/564027
Wilfred Camilleri
Oct 4th 2011, 20:38
Although the man in this case was wronged by his wife, the child in question should not be punished. The girl grew up looking at the man as her father and the father looking at the girl as his daughter. With this judgement, the man gets his pound of flesh, the woman gets financially strapped, and the girl is caught in between! I'm not making an excuse for the mother since she probably knew all along that her husband didn't father her child. But the man has a moral responsibility for caring for the girl who grew up with him. How can he just turn to the girl and tell her "I'm not your father. I don't love you and I don't care about you!" That's basically what he's doing if he ends his relationship with her.
Henry S. Pace
Oct 4th 2011, 16:39
This is not the first case that occured in this country. Some time ago we heard of a similar case and after a good number of years when the DNA came about the husband went to the European Court and won his case while long time before the husband lost his case in the maltese courts
Tony Borg
Oct 4th 2011, 16:09
This woman should have punished for fraud since she made a person to believe that that was his child for extracting money by court order after the separation. That means that the Courts was also taken for a ride.
Mr Robert Gatt
Oct 4th 2011, 18:07
Exactly my thoughts
B Attard
Oct 4th 2011, 16:00
Didn't he realise the child was not his own during seperation. It would have been more easy for everybody.
David Caruana
Oct 4th 2011, 15:56
Actually, the ex-husband can sue her for moral damages.
Simon Oosterman
Oct 4th 2011, 15:20
Poor child, indeed. Does she have to give up her name as well? We seem to visit the sins of the parents on the children.
Mr ADRIAN GRECH
Oct 4th 2011, 16:32
Quite right
Joseph Sammut
Oct 4th 2011, 19:28
Modern "being cool" thinking is that children don't suffer - I'm being sarcastic of course!
Mr Mike Abbot
Oct 4th 2011, 21:49
Joseph Sammut -
actually, if you read the article again there was no divorce so as long as there is no divorce the children couldn't possibly have suffered because we're told it's divorce that causes pain and suffering... nothing wrong here then.. move along. (sarcasm. me too)
Anthony Busuttil
Oct 4th 2011, 15:10
Judge Mark Checuti is making the difference at the law courts.Sensible and realistic.
Darren Muscat
Oct 4th 2011, 14:56
Thank god for the court having some sense!
Ms Maria Vella
Oct 4th 2011, 14:53
Poor child......
Mr Martin Saliba
Oct 4th 2011, 15:17
Yes Maria , poor child. What about the man ??what about the woman ? She got off lightly as she was not ordered to pay for feeding and clothing and whatever else the man paid to maintain a child the was not his and was led to belive that it was .
Ms Maria Vella
Oct 4th 2011, 16:26
The man and woman are grown up individuals who should have a shred of responsibility - the child was brought into this world and thrown into an environment which she did not choose to be in.
Mr Martin Saliba
Oct 4th 2011, 17:16
The whole responsibility is with the woman . I assume that you are agrown up individual yourself ,feel free to pay for the childs needs yourself. Heck , you can pay for mine if you like .
Ms Maria Vella
Oct 4th 2011, 17:33
And I pity the man as well for being fooled
Mr John Borg
Oct 4th 2011, 14:43
Poor children to come to realise by a court judgement that the person they called "Daddy" was not their father.
Deo Catania
Oct 4th 2011, 15:16
I agree but one must realise that it is also a huge shock for the 'father'.
Wesley Dee
Oct 4th 2011, 14:11
A rare victory for men's rights.
Brian Gatt
Oct 4th 2011, 15:26
You can say that loud and clear
Mario Mifsud
Oct 4th 2011, 17:01
Won a court case against his ex-wife??? In our courts???? This man should be put down in history !!!
Steve Camilleri
Oct 4th 2011, 23:09
Amen