Limavady solicitor Brian Stelfox jailed for contempt of court after failing pay child maintenance

A solicitor ordered to pay his wife £110,000 in outstanding maintenance payments has been ordered to serve a further three months in jail for contempt of court. Last month Brian Stelfox was given a "last chance'' by the Court of Appeal to come up with a plan to settle the arrears after raising only £11,000 of the balance. Stelfox, who once ran a legal practice in Limavady, Co Londonderry, has already served a three-month prison sentence imposed by a High Court judge who found he had withheld documents and breached maintenance orders.

He launched an appeal after Mr Justice O’Hara sentenced him to a further six months in jail for further contempt. His ex-wife Claire Stelfox launched committal proceedings over alleged breaches of a financial settlement reached in 2016 when they divorced after being married for more than 20 years. She claimed he has not paid any maintenance for their children since 2017. The former solicitor argued that bankruptcy and an increasingly unviable business meant he was no longer in a position to pay. He sought to have the maintenance reduced to zero and the remission of all outstanding arrears. But in 2021 Mr Justice O’Hara held that Stelfox had access to funds which he attempted to hide. Describing his conduct as “despicable”, the judge sentenced him to three months in jail for contempt of court. Stelfox mounted a further bid to have the maintenance order reduced, contending that imprisonment had ended any chance of rebuilding his career and left him with no income. Earlier this year, however, Mr Justice O’Hara found him in contempt again and imposed a further six months behind bars. With that prison term still hanging over Stelfox, the Court of Appeal gave him until the end of last month to pay the outstanding balance of £99,000 owed on the maintenance debt. Judges were told that a total of £11,000 provided by five of his friends has now been transferred to Mrs Stelfox.

His barrister, Charles MacCreanor KC, insisted he is “trying desperately” to comply with the order and is prepared to attend a job centre to seek work. “His means are very limited - unless there is some lottery win - but he has been making efforts,” counsel submitted. Despite acknowledging the partial payment, Mrs Stelfox stressed the financial burden of having three children in third level education. In a judgement on Monday, Lady Chief Justice Siobhan Keegan said Mrs Stelfox did not want the arrears to be remitted but at the same time she didn't to "see him go to prison again''. Mrs Stelfox had also said that a businessman had offered to pay £50,000 towards the arrears but that offer had since been removed. "Nothing has happened since June 30, 2023 and that is unfortunate,'' said Dame Siobhan Keegan. "If the appellant (Mr Stelfox) had made a further substantial payment we would have seriously considered whether any further period of imprisonment was justified. "This is very much a sad case in which the appellant has maintained his position which has already resulted in imprisonment. "It is accepted that he is in contempt of court beyond a reasonable doubt for failing to pay the sum specified in the order of this court.'' In mitigation, the Lord Chief Justice said that the appellant had made some payment of the debt, which was one tenth of what was owed and Mr Stelfox had indicated making some child maintenance payments of £100 per month going forward. "The problem in this case is two-fold: the appellant has made no apology for his conduct and the amount he has paid off from the arrears is not enough to avoid imprisonment,'' said the Lady Chief Justice. "Notwithstanding the respondent's gracious approach at the most recent hearing, this court must act to ensure that the orders of this court are not rendered aimless and undermined in the administration of justice. "We decline to remit the arrears. We consider that the custody threshold has been passed and we must set a proportionate term. "Taking all factors into account, we think a period of imprisonment of three months is appropriate. "The appellant should present himself at Laganside court building on Monday, July 17, 2023, to be taken into custody. "Should the appellant pay the £50,000 sum previously mooted to the respondent within the next seven days, he can apply to this court and we will consider suspending or varying the order.''

Want a quick and expert briefing on the biggest news stories? Listen to our latest podcasts to find out What You Need To Know.