Judge tells dad who owes child maintenance to ‘get ready with your toothbrush for the next day’
- 55m ago
AJUDGE has told a stay-at-home dad, in arrears on his child maintenance payments, to bring his toothbrush to his next court appearance.
In a thinly-veiled jail threat to the man, Judge Mary Larkin told him: “You step up to your obligations.”
“I do Judge,” he responded, to which Judge Larkin said: “No you don’t.”
The man then replied: “Not at all Judge.”
Judge Larkin had the final word in the back-and-forth, telling him: “Out you go and get ready with your toothbrush for the next day. I am not tolerating this.”
Judge Larkin made the toothbrush remark after the child’s mother told the Family Law Court her ex-partner made no contribution to the €4,200 costs of their child’s braces.
The father said he didn’t pay towards that figure as a mediation agreement between the estranged couple stated that, before any major costs are undertaken, there would be consultation between the parties.
The man said his ex-wife “never consulted me” on the braces costs.
The man stays at home to care for a five-year-old child from a new relationship and his current female partner is the breadwinner for the family.
The man is currently €1,610 in arrears on maintenance for the child of his first relationship.
Judge Larkin told the man: “You owe the maintenance and you have to pay the maintenance.
“You have the child two days a week – the child has to be fed and watered.”
The man said that he is not in a position to pay the €50 maintenance for his first child as he has no income. He added that he has been paying €10 a week since the last court date in December.
Judge Larkin told the man that if wanted to have his €50-per-week maintenance requirements reduced, he would have to provide a household statement of means to the court.
The man told Judge Larkin that being a stay-at-home dad “is not a lifestyle choice”.
He said he has applied for several jobs and has got through interviews. However, because he lost a job previously “I am discarded when it comes to making final appointment”.
The man said he cannot afford the €50 per week maintenance as he has no income as he doesn’t qualify for social welfare.
“I am a stay-at-home parent and my partner is in full-time employment. She is the sole earner and owner of property before we got together.”
In response, Judge Larkin said: “I am not going to accept you coming in here saying ‘I don’t have to earn any money and I don’t need to earn any money because somebody is taking care of me and my other child’.”
She added: “You have an obligation to work and to get a job or to get social welfare and provide for the child.
“Clearly you are being provided for so please don’t use that as a crutch.”
In response, the man said: “I am not using that a crutch.”
Judge Larkin stated that the arrears summons concerns €700 and the man has paid €140, leaving €560 owed.
The total arrears is €1,610. The judge adjourned the case to April.