The High Court found a respondent in contempt for failing to pay court-ordered family maintenance and ordered a 28-day prison term, stayed until 2 December 2014 to allow him to pay €19,200 in arrears.
In a judgment delivered on 28 November 2014, Ms Justice Bronagh O’Hanlon found beyond reasonable doubt that the respondent had refused, rather than been unable, to comply with an order requiring him to pay the applicant €1,200 a week for her support and that of the couple’s dependent children. The order had taken effect on 21 July 2014.
The attachment and committal motion arose from ancillary divorce proceedings. The applicant said the respondent had not paid the full maintenance for seven weeks before the July order. She later sought committal and judgment for arrears, which had risen from €13,200 to €19,200 by the judgment date.
The respondent attributed non-payment to financial decline in his commercial ventures and the costs of other legal proceedings, including “behind the scenes legal and accountancy advice”. He also argued that the July order was mistaken because it allowed the applicant to withdraw €25,000 from the parties’ joint account as well as receive weekly maintenance. The judge rejected that argument, finding no errors in the order and saying its terms were clear and the respondent understood his obligations.
The July order also allowed the respondent to withdraw €25,000 from the joint account for accommodation, and allowed the applicant to withdraw up to €30,000 for specified education costs and the dependent children’s upkeep. The court noted that the three children were then attending university away from the family home.
The judge said the court had urged the respondent, who represented himself, to seek legal representation or legal aid. He declined an offer of free legal advice and later refused to accept a court-appointed McKenzie friend. The court also said he had been advised of his right against self-incrimination and given an opportunity to explain why a penal sanction should not be imposed.
The court ordered the respondent’s attachment and committal to prison for 28 days, with the order stayed from 28 November until 2 December to allow him to consider his position and purge the contempt by paying the arrears. Costs were awarded to the applicant, to be taxed if not agreed. The judgment records the committal order and its stay; it does not state whether the arrears were paid or whether the order was later enforced.