Judge tells 'stay-at-home dad' to bring toothbrush to next child maintenance hearing
The man told Judge Larkin that being a stay-at-home dad “is not a lifestyle choice”. File photo: iStock
A judge has told a "stay-at-home dad" in arrears on his child maintenance payments to bring his toothbrush for his next court appearance.
In a thinly veiled jail threat to the man, Judge Mary Larkin told the man “you step up to your obligations”.
In response, the man said: “I do judge,” and in reply Judge Larkin said: “No you don’t.” The man replied “not at all, Judge” and Judge Larkin told him “out you go and get ready with your toothbrush for the next day. I am not tolerating this”.
At the Family Law court, Judge Larkin made the ‘toothbrush’ remark after the child’s mother told the court that her ex-partner made no contribution to the €4,200 costs for their child’s braces.
The father said that he didn’t pay towards the €4,200 costs 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 that his ex-wife “never consulted me” on the cost of the braces.
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”.
The judge said: “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 but 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”.
The man told Judge Larkin that he has applied for several jobs and has got through interviews for jobs but because he lost a job previously “I am discarded when it comes to making final appointment”.
The man said that he cannot afford the €50 per week maintenance as he has no income since he doesn’t qualify for social welfare. He said: “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'.
“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. Judge Larkin said that the total arrears is €1,610. The judge adjourned the case to April.
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