I don’t often cover child support on this blog and I know it is a subject that arouses strong emotions. In the cases I do come across the outcomes are far from what a well-grounded family lawyer would regard as realistic or certain. But there are some cases that it would be simply wrong to ignore and which provide examples of how a determined father can string out a case for years.
In recent weeks one case has set a marker that could prove significant for those struggling to receive a fair level of child maintenance from an absent parent. In the recent High Court case of FG v MBW ([2011] EWHC 1729 (Fam) child maintenance payments were ordered to be made out of a non-resident father’s capital. So does this then set a precedent for similar orders where an absent parent fails to pay a fair level of child maintenance from his or her income?
This week the Child Maintenance and Enforcement Commission (CMEC) published its annual report and accounts for 2010/11. Earlier this month the Work and Pensions Select Committee published its proposed child maintenance reforms.
All parents have a right to apply to the Child Support Agency for the assessment of child maintenance, but our clients often ask us about the interplay between the jurisdiction of the court and that of the CSA.
Reader JamesB had some interesting questions for Stowe Family Law solicitor Rachel Baul about the CSA and changing the amount of child maintenance that he pays every month by an attachment to earnings order. (This is when child maintenance is deducted directly from the parent’s wages.) Every month many hundreds of visitors with questions about the CSA, CMEC and child maintenance find their way to this blog and for this reason, I am printing both the questions and Rachel’s answers in full.
I recently heard a case about a father, living overseas, who was billed £12,000 for child maintenance by the CSA when he returned to England. My first thought was there had been an administrative error.
Guest Blogger and Solicitor Rachel Baul joined Stowe Family Law in 2004, and is a member of the Law Society’s Family Law Panel. She specialises in all areas of family law and ancillary relief, …
This has been a busy week – even by my standards! In addition to my day to day work, I was invited to appear on BBC 1′s The One Show, to discuss the imminent introduction of the Child Maintenance and Enforcement Commission (CMEC). It is set to take over from the much-loathed Child Support Agency. However, as I have noted in previous posts about the CSA, there are already question …
A guest post by Rachel Baul of Stowe Family Law. Many lawyers are sceptical that C-MEC can provide effective solutions to the CSA’s shortcomings. Further to my last guest post, which answered some common questions about the CSA, here are ten things that you should know about the changes currently in hand. The CSA is currently undergoing huge revisions. Later this year it will be phased out …
Solicitor Rachel Baul joined Stowe Family Law in 2004, and is a member of the Law Society’s Family Law Panel. She specialises in all areas of family law and ancillary relief, and has been …
The law needs changing – the Government must do more than tinker at the edges Although I believe that the increased number of unmarried couples has created problems that are not covered with …
Where did the justice go? When I was a pupil at Leeds Girls’ High School, (how many years ago?!!!) each week we had to learn some Shakespeare by heart. The meaning of what we learned was never explained beforehand, and we had to work it out …
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Marilyn Stowe is the Senior Partner at Stowe Family Law LLP. Stowe Family Law LLP is authorised and regulated by the Solicitors Regulation Authority. SRA ref 469401. Stowe Family Law LLP is registered with Companies House, ref. 331570, and registered for VAT, number 918 5722 04. A list of members is available for inspection at our Harrogate office.
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