A critical study of the notion of proportionality contemplated in Article 20 of the Maltese Civil Code or rather, balancing the “wants” with the “means”

Abstract

The Court determines the amount of maintenance to be paid to children, spouses, and other relatives through various articles of the Law, with Article 20 of the Civil Code being primary in this regard. This study critically analyses Article 20, exploring the concept of proportionality and other criteria employed by the Court to determine the quantification of maintenance payments. Through interviews and judgment analysis, this work examines how terms like "proportionality", "wants", and "means" are interpreted with regards to different types of maintenance, mainly the Judiciary, Lawyers, and parties involved in maintenance cases. This research identifies several challenges faced by individuals impacted by Article 20, mainly being the judiciary, lawyers and parties to the cases. The major challenges in maintenance cases, such as maintenance revision and defaulting on payments, have been delved into. The findings establish that gender significantly influences maintenance decisions, particularly those concerning spousal maintenance. Moreover, despite judicial discretion being crucial and advantageous in certain instances given the sui generis and complex nature of maintenance cases, discrepancies and disproportionalities persist, causing difficulties for maintenance payers and receivers. Hence, issues with Article 20 highlight the need for legislative amendments that reflect modern family dynamics and definitive guidance, particularly to address long-standing concerns. For these shortcomings and the corresponding challenges to be addressed, the Author proposes some recommendations for the way forward, including legislative reforms and enhanced judicial guidance. Given the significant impact of maintenance on family dynamics and member well-being, as well as the contentious domestic concerns surrounding the subject, the purpose of this research is to shed light on the relevant issues and contribute to a better understanding of the maintenance system, hoping for more equitable fulfillment of maintenance obligations.