A mother who failed to pay maintenance to her husband has had her one-month jail term converted to a €300 fine on appeal.

The woman’s husband had custody of the children and a civil court had instructed her to pay him maintenance.

The couple kept the children for a week each. However, there were times when she had them for a longer period so she felt there was no need to pay the maintenance as the children were with her.

The husband reported that his wife had not paid the money due throughout May and June and between August and September of 2010.

She felt that she did not need to pay as the children were with her

He said there were some months when she did not pay at all and others when she paid half the amount due. She claimed she did not have enough money as she had to work fewer hours because she was keeping the children for longer hours.

The appeal court, presided by Mr Justice Lawrence Quintano, said the woman had disobeyed the orders of the civil court to pay maintenance and the first court was right to find her guilty.

She had paid her husband about €400 of the amount she owed him in maintenance but she still needed to pay another €2,000. The couple had reached an agreement, signed by a notary, on the payment terms.

The case brings back memories of similar case when, in 2012, a woman was jailed for three months for failing to grant her ex-husband access to their son on several occasions.

The woman, a teacher, spent 19 days in jail before being given a presidential pardon following a huge public outcry. Another one-month jail term, given to her for not paying maintenance on other occasions, was converted into a €250 fine on appeal.

Lawyers Franco Debono and Marion Camilleri represented the woman.