A mother who was jailed for a month for failing to pay maintenance to her husband had the jail term converted into a €300 fine on appeal.

The court heard how the woman's husband had custody of the children and she had to pay maintenance.

They had reached an arrangement to keep the children for a week each. There were times when she kept the children for a longer period so she felt she need not pay for the maintenance once the children were with her. She did not pay and her husband did not ask for the money.

However, the husband then reported that his wife had not paid maintenance due throughout May and June 2010 and between August and November that year.

There were months when she did not pay at all and months when she paid half the amount claiming she did not have money as she had to work less hours once she was keeping the children longer. She still owed €2,000 in maintenance.

The appeal court noted that the woman had disobeyed the orders of the court to pay maintenance and, therefore, the first court was right to find her guilty.

The court converted the jail term to a fine.

Lawyers Franco Debono and Marion Camilleri were defence counsel.