Fathers avoid jail after finding money for maintenance arrears

A father has narrowly avoided going through the gates of Limerick Prison for maintenance arrears after coming up with the money en route to the prison.

At the family law court in Ennis, Judge Patrick Durcan jailed the man for 14 days after he fell almost €10,000 behind in maintenance arrears for his child.

However, less than one hour after Judge Durcan authorised the warrant for the man’s committal to prison, the garda detailed to escort the man to Limerick jail returned to court to say that he had produced the €480 required for his release.

In court earlier, the man said that he had already paid over €300 before court and was willing to pay another €150 but could not afford it.

However, Judge Durcan said the man “is not capable of telling the truth” and ordered that he be jailed for 14 days for the initial €480 that was owed before the arrears mounted. The man’s total arrears of €9,810 had built up since 2014 and Judge Durcan told him: “I previously gave you warnings in January and July.”

The hardline stance adopted by Judge Durcan on fathers falling into arrears on maintenance payments saw him jail another father in February.

The Irish Prison Service confirmed yesterday that there were no fathers jailed for maintenance arrears last year, and this followed one jailed in 2015 and five in 2014.

In a separate arrears case before Judge Durcan, another father secured a late reprieve from prison after producing an envelope from his back pocket containing €1,000 in €50 notes after Judge Durcan threatened him with jail.

The father was €2,585 in arrears and, moments earlier, he told the court: “All my accounts are cleared out. I just can’t afford it. It is unreasonable for me to pay the amount every week. I am cleared out. I have paper here to show that I am €11,000 in the red.”

Stiofán Fitzpatrick, solicitor for the man’s former partner, applied for him to be committed to jail due to ongoing failure to pay maintenance.

In response, the man said he had two other children to look after, apart from his daughter.

Judge Durcan said: “Why should I not imprison you? This has been ongoing since 2012. It seems that progress that should be made hasn’t been made.”

In a U-turn on his earlier claim that he had no money, the man said: “I got some more money out of the bank. Can I give you some?”

Judge Durcan asked: “How much did you get?” and in reply, the man said: “I got €1,000.”

Judge Durcan said that if could hand over €800, the matter could be adjourned to December and the man counted out 16 €50 notes on the table in front of him.

The man then asked the judge: “How do I get the arrears down to a suitable amount for everyone?”

Judge Durcan said: “Look, this country is on the up and up and up. Things are improving day by day by day and there is work and opportunity out there for everyone if you go and look for it. You get moving now.”