I recently heard a case about a father, living overseas, who was billed £12,000 for child maintenance by the Child Support Agency (CSA) when he returned to England. My first thought was there had been an administrative error. The rules on child maintenance state that the CSA is unable to become involved in a case when the non-resident parent is habitually resident abroad.

When I explored the facts before me, however, I was soon engulfed in the CSA’s labyrinthine complexities.

According to the CSA’s Quarterly Statistics, more than 6,200 non-resident parents are living abroad but only a quarter of these are paying child maintenance through the CSA. The CSA is unable to enforce maintenance abroad, but this does not mean that the assessed maintenance is written off. Instead, a debt accrues at the CSA in each case. No wonder the CSA has a resource problem – combined, these debts could be in the millions!

Legislation introduced in 1991 meant that on the face of it, a move abroad and habitual residence there was the ideal way for a non-resident parent to evade financial responsibility for a child. This changed in 2000, when the rules were amended to allow for certain circumstances when the CSA would still have jurisdiction to enforce maintenance. These circumstances include: Continue reading »

I have noticed that many new visitors arrive at this blog after entering questions about their predicaments into Google. I asked Cheshire divorce lawyer Robin Charrot if he could help out with some answers.

For most court hearings, you will not play a speaking role. However there are still a few rules to follow. Use common sense: don’t lose your temper, don’t glare at your spouse and don’t sigh, tut or mutter when your spouse’s lawyer is speaking. Pay attention to what is being said. To get your lawyer’s attention, write a short note and tap them on the shoulder. But please don’t do this every five minutes! For further tips see Marilyn Stowe’s post, How To Act In Court.

how to explain to children adultery divorce

However much you blame your spouse for having an affair, resist telling your children “the simple truth”. This will always do more harm than good, because it will give them hopelessly conflicted loyalties. Your children have the right to have the best possible relationship with both their parents. Tell the children that their mum and dad are going to be happier living in different homes. Avoid the emphasis on your spouse’s new partner. In turn, your spouse should not bring his or her new partner onto the scene until the children are used to their parents living apart. Even then it should be done gradually.

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Not the usual kind of question asked of a family lawyer! Continue reading »

Much has been written by Marilyn Stowe about cohabiting couples and their rights (or lack thereof). I recently helped a client whose problems are so complicated, they could form the basis of an exam question on cohabitation.

This man was given a substantial sum of money by his parents when he was just 21. He decided to invest it. He bought four properties with the money and spent the remaining £50,000 refurbishing one of them. He has nothing left.

He took his girlfriend to a solicitors’ office; because they were in love and he intended to marry her, the properties were actually purchased in their joint names. His solicitor did not ask him to consider what would happen if the relationship broke down. So nothing was agreed and no protection was obtained for all the money he had put into those properties.

The couple lived together in the most expensive property. Her relations moved into two of the others and his sister moved into the remaining property, on a rent-free basis.

Then the girlfriend became pregnant and a baby. My client has evidence that another man is the father, although the girlfriend denies this. She refuses to move out of the house and “wants her share.” She is suggesting that he sees the baby once a fortnight. To the client’s disbelief he has now also heard from CMEC (formerly the CSA), who require him to maintain the child. Continue reading »

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 marks over this replacement organisation’s fitness for purpose.

I note that on The One Show’s blog, the topic has already attracted almost 300 comments from viewers. Frankly, I’m not surprised. For many of those who have encountered the old CSA – be they parents, children or legal professionals – feelings about this deeply flawed  organisation run high.  Click below to see the item.

Readers who seek further information about CMEC may wish to Continue reading »