A woman who has spent 15 years chasing her former partner to pay child support has appealed to the authorities to show humanity and enforce the court order against him.

Elaine* feels like her life has been on hold for years due to lack of enforcement and lengthy bureaucratic processes.

She and her former partner went their separate ways when their two children were aged under 10.

The court ordered the father to pay child maintenance 15 years ago. However, he has never paid the full amount, Elaine claims, leafing through a folder of court notifications and other documents.

“I spent at least five years punching out of a workplace, going home for a shower and punching in some place else. I did every job that I could,” she told Times of Malta.

Then, some three years ago, the payments stopped completely and, despite repeated reports filed with the police, the court kept being told he could not be found, she said.

“I followed the court’s orders and could not even travel abroad with my children to be with my father on his deathbed, something I will have to live with for the rest of my life.

“My case keeps being delayed and I’m always left hanging. I have knocked on every door I could, to no avail. I’m physically and mentally drained.

“Enforcement officers and legislators need to not only be trained in rules and procedures but also in humanity,” she added.

It was only when she changed legal counsel that her new lawyer, Robert Piscopo, asked the court to authorise the police to publish a photo of the man on social media.

The court cannot ask the authorities to do so on its own initiative as it would otherwise seem biased, Piscopo said. 

The court acceded to the request and the man was found two days later.

However, she only learned about this when she phoned the police to inquire about whether there had been any developments. She was told the case was being heard on that same day.

The court then jailed her former partner for 16 months for failing to pay maintenance amounting to nearly €10,000. He appealed the sentence.

In the meantime, Elaine has remained in limbo and is expecting the saga to roll into at least into the next year.

Piscopo said clients often flagged concerns over what they perceive as inaction by police officers.

In this case, after being unable to trace the man for three years, it took the police only two days to find him, following his request.

While urging the authorities to strengthen enforcement, he noted that,  by trying to defer the case and not turning up in court, former partners often shot themselves in the foot as they had no say over the sum of maintenance that they owed, which was set by the court.

This not only meant that they might not be able to afford the maintenance amount but also that their children would suffer the consequences, as would their former partners, who needed to work extra hard to support them financially.

* Name has been changed

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