A father continues to live alone in a spacious five bedroomed family home while his ex-wife and children live in vermin infested rental accommodation, a court has heard.
At the Family Law Court, Judge Alec Gabbett made his comment when rejecting the man’s application that his maintenance of €300 per week for his two children be reduced.
Judge Gabbett told the man that he has a report “that tells me that you are living in a spacious five bedroomed house and your ex-wife is living in a vermin invested house with yere two children”.
Judge Gabbett said: “This is all about money. I know this is all about money.”
Commenting on the finances of the couple, Judge Gabbett said: “These are well shod people – they are not exactly short.”
Judge Gabbett said that he could reduce the maintenance if the man moved out of the family home to allow his ex-wife and children move back in.
Judge Gabbett told the man: “It is a choice – you either give her the house or give her maintenance, you have to put a roof over her head. It is one or the other.”
Judge Gabbett said that the maintenance is at that level “because mother has moved out and has to provide suitable accommodation for the children”.
The man told Judge Gabbett that his ex-wife decided to move out of the family home and chose the accommodation she is in today.
He said: “If the house is not in good condition, she knew that moving in.”
The man said that the reason the house was picked is that his ex wife likes the idea of sitting down having her coffee in the morning and she can look out at the view.
The man said that the way his ex-wife thinks is “crazy” and “irrational”.
Judge Gabbett asked the man “was there ever a discussion about you moving out and she staying?”.
In response the man said: “Yes. I was asked. I was told on numerous occasions to just leave.”
He said: “I was told on another occasion ‘by the time I am finished with you, you will be homeless’ on another occasion she told me ‘you will be lucky to get one hour supervised access with our children’.
He said: “I was asked to go and I didn’t go.”
The man said that last year, he agreed to pay his wife €50,000 for her share of the equity of the family home.
This was based on him paying €100,000 cash from his own funds for the house, continuing to pay the outstanding €170,000 mortgage by himself after his wife had put a value of €370,000 on the home.
The man said that the deal fell through as his ex-wife didn’t proceed.
On the €300 maintenance, Judge Gabbett told the man: “This is about feeding your children and putting a roof over their heads.”
In réponse, the man said: “I have no problem doing that but the figures I am paying at the moment are excessive.”
The man said that he assumes his ex-wife – represented by solicitor, Oonagh Moylan – is paying the same towards their children and along with children’s allowance, that is €700 a week for two children.
He said: “That is crazy. That is nearly €3,000 a month to mind two kids.”
The man – represented by solicitor, Shiofra Hassett in the case – said that his ex-wife and their two children are going on a Winter break overseas but he can’t afford to.
Judge Gabbett said: “There is a reality to this – when people break up it costs money. I am at pains to tell people it is an expensive process and it’s never going go be free.
Judge Gabbett said that from reading the man’s financial statements he can afford to pay himself more than he does.
Judge Gabbett said that there would be no variation to the maintenance “and I leave it as it is”.
