Farmer 'with a fine farm of land' told he faces jail over non-payment of maintenance

Father owes €13,593 in maintenance payments for daughter

The judge warned the man: 'If you continue not to pay and I am continued to be satisfied that you are choosing not to pay and you have capacity to pay I will jail you.' Picture: iStock

A judge has told a farmer “with a fine farm of land” that if he doesn’t start to pay the €13,593 he owes in maintenance payments towards his daughter, he will go to jail.

At the Family Law Court, Judge Mary Larkin made the warning to the farmer after stating he “hasn’t paid a penny” in maintenance payments for his daughter since 2016.

Judge Larkin said: "I am absolutely certain you have capacity to pay and that you choose not to pay.” She added: “You must commence payments.” 

Judge Larkin made her comments after the farmer confirmed to court he has a farm of 80 acres and has 15 cows.

The farmer said his 80 acres are designed "disadvantaged".

The maintenance court order in place specifies the man pay to his estranged partner €76 per week and an additional €40 in arrears that have built up.

Asked why he has’t complied with the court order to pay the money, the farmer said he was self-employed and had been on a Covid-19 payment for the past year.

Judge Larkin said if people waived court orders whenever they felt like it “we would have chaos”.

In reply, the farmer said: "It is not whenever I feel like it – I am self-employed.” 

In response, Judge Larkin said “Covid wasn’t running around the place in 2016, 2017, 2018 and 2019”.

She said: “This is your child that you are responsible for.” Judge Larkin said  “you have a fine farm of land that you say is disadvantaged”.

Judge Larkin said the man can keep 15 cows and also does other agricultural work outside the farm.

Judge Larkin warned the farmer a finding of the High Court had determined that “people with assets are not entitled to maintain their property in assets when they have obligations in relation to maintenance”.

She added: “And a High Court judge would say to someone with assets, you just sell off land and pay the €13,593.” 

Judge Larkin told the farmer: “You get legal advice as to how you are going to pay off this debt and you are entitled to civil legal aid through the civil legal aid scheme.” 

The judge warned the man that on the adjourned date in court: “If you continue not to pay and I am continued to be satisfied that you are choosing not to pay and you have capacity to pay I will jail you.” 

Judge Larkin told the farmer he “will not be first man that I have jailed for not failing to comply with maintenance obligations”.

She asked: “Is there any part of that you don’t understand?” 

In response, the man said: “No.” The judge responded “okay – good”.