A father who appealed against a maintenance order because he was an asylum seeker and had no income had his case rejected at the Dublin Circuit Family Court yesterday, after his wife showed photos of him at work.
In a separate case, Judge Margaret Heneghan refused to increase maintenance to a mother for one of her three children after hearing she had taken out high-interest loans to pay for holidays and for Christmas.
Maintenance order
The court heard an asylum seeker had been ordered by the District Court last October to pay €25 maintenance to his estranged wife for her upkeep and €25 for his daughter. He sought to appeal the order.
Giving evidence, his estranged wife said they had married in Nigeria in 2006 and she had moved to Ireland the following year to have her baby. She had lived in a hostel for a number of years before being granted residency.
Her husband had joined her in Ireland in late 2012, she said, and they lived together for two months before he moved out. “He was very violent towards me,” she said.
She claimed he had work and that he earned €50 a day into his hand.
When he suggested she “prove it”, she produced her mobile phone and showed the judge a picture of him at work.
The husband, who was unrepresented, then insulted the heavily pregnant woman.
He told Judge Heneghan he had no money and was not allowed to work in the State because he was seeking asylum. He produced a letter from the Capuchin Day Centre, which provides food and other services to the needy, showing he had been receiving meals there since last month.
Asked where he was living, he told the judge he was homeless and staying with friends, but could not supply addresses. He also acknowledged he had received all his post from the court at one address.
“You just want to destroy my life,” he told his wife.
Judge Heneghan noted the letter from the Capuchin Day Centre said the husband had recently begun to attend, and he had failed to supply addresses for where he had been living. She said his evidence lacked credibility and he had contradicted himself.
“I have to say I don’t believe what he told the court,” she said.
She rejected the appeal and affirmed the original District Court order for maintenance.
No increase
In a separate case, the judge rejected an appeal to increase maintenance to a woman who had three children and was seeking more money from the father of one of them.
The court heard she was receiving maintenance of €40 a week plus €10 to pay arrears of €4,000. She was also getting lone parent’s allowance of €279 a week plus €90 a week for children’s allowance. She was not receiving any other maintenance.
The father in the case was receiving jobseeker's allowance of €171 and living with his mother and siblings.
High-interest loans
Counsel for the mother said she had taken out two loans last year from a moneylender, including one of €1,500 to pay for Christmas, on which she would repay more than €800 in interest over 12 months.
“How practical is that for a girl who says she’s struggling to borrow €1,500?” the judge asked.
“It’s either that or my kids go without,” the mother responded.
The judge advised the woman to visit the Money Advice and Budgeting Service and struck out the appeal.
