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, while the hapless mother is unable to apply to court and circumvent a circus of litigation that takes place at the public expense.

Cases involving non-resident parents are often particularly messy and complicated. And the Child Support Agency (CSA) has accumulated £3.8 billion in arrears by non-resident parents during its 18-year lifespan.

The case of GF v CMEC (2011) UKUT 371 (AAC), published last month, is yet another example of an inefficient and cumbersome draftsmanship at work. It centres on an argument as to whether an English father should pay his English child maintenance if he is working abroad. You might think the obvious answer is “yes”. After all, what difference does it make where he earns his money?

In court that fact would not be a bar. In “the other world” of the Child Maintenance Enforcement Commission (CMEC), it is. You cannot apply to the Child Support Agency (CSA) for a child maintenance arrangement unless “the parent without the main day-to-day care lives in the UK, or works in the civil service, the armed forces or for a UK-based company.”

However, following this decision things aren’t quite so straightforward – although we don’t yet know whether the argument will stop here. And whatever may still happen with this case, bear in mind one point: we are not told whether the father has yet paid any child support to his daughter throughout this laborious process.

The specifics are worth a closer look because they outline just how complex and longwinded this case has been.

Ms K is the mother of one child, Lauren, who is now aged 14. In October 2007, over four years ago, Ms K first made an application for Lauren’s child support.

Five-months later, in March 2008, a decision was made that her father Mr F should pay child support for Lauren at £55.36 per week.

But by then Mr F had started work in Afghanistan. His job had begun on 23rd January 2008 and he was now being paid an increased income of some £45k per annum, tax free, by a company based in Jersey. So the amount of his CSA liability from January 2008 was some £130 per week.

Mr F did not agree to pay £55 per week for his daughter. He appealed the decision of March 2008, arguing he was now based outside the jurisdiction of Child Maintenance and Enforcement Commission (CMEC) because earnings outside Great Britain for a non UK-based company are not covered.

His appeal was decided 19 months later, in October 2009, when the tribunal found there had been a change of circumstances when he had taken a job abroad. The tribunal directed the CSA to obtain appropriate evidence of earnings and family circumstances and conduct a re-assessment.

On 19^th January 2010, two years after he changed his job, a decision was made that during that period the amount of child support maintenance should be reduced to nil because “Mr F was employed by a company based in Jersey Channel Islands and the company’s payroll was non-UK based and therefore out of the jurisdiction of the Agency”.

Imagine how Ms K must have felt when she received that decision? The father was earning a tax free income of £45k per annum, and didn’t have to pay a single penny to his daughter.

Ms K appealed on 1^st February 2010. Then on 19^th April 2010, she also applied for a “departure direction” on the grounds that the father enjoyed a lifestyle that was inconsistent with his declared income. Such a direction can be made when the Secretary of State is satisfied that the current assessment is based on a level of income substantially lower than the level required to support the overall lifestyle of the non-resident parent. Her application for a departure direction was refused on 10 May 2010. Undeterred, she also appealed this decision.

On 19^th October 2010, eight months after she first appealed, the initial appeal was allowed on the basis that the income earned in Afghanistan should be taken into account. The case was remitted to recalculate the amount of child support payable. Calculated at 15 per cent, the weekly maintenance payment was around £130 a week – equating to £6760 each year. What you might think is hardly a huge sum with which to look after a teenager.

The second appeal to request a departure direction was refused because when Mr F’s earnings were taken into account, the cost of his lifestyle was not greater than could be funded by the income and therefore the measure was considered unnecessary.

Mr F was aggrieved. He still believed his earnings outside England and Wales were not subject to CMEC jurisdiction. He appealed both decisions and his appeal finally came before a Judge of the Upper Tribunal on 30^th August 2011 – just under four years since Ms K first applied for child support. The decision has just been published.

The Judge dismissed the first appeal. His reasoning however was different to the Tribunal, so he simply substantiated his own judgement for theirs. He found that the income was indeed not earned in Great Britain, and therefore the income earned in Afghanistan is not “earnings” that should be taken into account. However, he could still take it into account as “other income” under the Regulations. He stated:

I do not accept the argument on behalf of Mr F that amounts which fall within the ordinary meaning of “earnings”, but are not within Part I of Schedule 1, cannot be “other income” falling within Part III. I think that the better construction, looking at reg. 7 of the MASC Regulations, and Parts I and III of the Schedule, as a whole, is that items which fall wholly outside Part I, by reason of the way in which “earnings” are defined, are capable of falling within para. 15 unless expressly excluded from it. The key provision is really reg. 7 of the MASC Regulations. The argument on behalf of Mr F has to be that reg. 7(1)(c), in referring to “other income”, is not intending to include amounts which are in the nature of “earnings”, dealt with by reg. 7(1)(a). However, that argument in my judgment fails by reason of the fact that by reg. 1(2) “earnings” (including therefore the use of that expression in reg. 7(1)(a)) “has the meaning assigned to it by paragraph 1, 2A or 3, as the case may be, of Schedule 1”. If, therefore, something does not fall within para. 1 (e.g. because it is from an employment abroad) it is not “earnings” for the purposes of any of the provisions of the MASC Regulations, and there is therefore no reason why it cannot fall within para. 15, unless expressly excluded.

I make no apology for including this paragraph in its entirety. I expect that 99 per cent of my readers will find it virtually incomprehensible. I also think the decision is arguable both ways. I think CMEC and then the Judge have done their best to find a way of including “income not earned in Great Britain” into the calculation despite it actually being exempt as both income not earned in Great Britain or for a UK-based company.

Should mothers seeking child support have to rely on such bizarre tautology to obtain maintenance for their children? Should fathers who clearly do earn income be able to get away with it, by earning the money and being paid tax free offshore or as in other cases, being paid through other devices to reduce their income and have to rely on departure directions? And should they then have to wait years for it all to be rectified albeit with little chance of all the monies due ever likely then to be paid?

I have no idea if at any time during the last four years the mother has ever received a single penny for the child and whether the father may even now be appealing the latest decision –still avoiding what you or I may regard as his overriding duties to his child.

So I can only wonder when a good dose of common sense – in view of burgeoning costs, poor performance and over complicated draftsmanship – will ultimately restore the issue of child support to the courts.

Yes this is a difficult case, but it is by no means unusual. More people are now working abroad than ever before and I would suggest that only the courts have the power deal with these cases swiftly and definitively.

How long would the mother have waited for a successful outcome in court? It would likely be a few months, rather than years. And once the decision was made, even if enforcement needed to be followed up in Jersey, my guess is that it would all have been in place within a year. And furthermore, the mother’s legal costs would have been paid by a father who refused to obey the requirements of the law. Can anyone argue that would not have been a better outcome for all involved?

Year in and year out, similar studies produce similar results. Often they are followed by the same hand-wringing,  the same lectures and the same admonishments – but little in the way of action.

Across the Western world, children are increasingly being born into one-parent families. Increasing numbers of children are being raised by lone mothers in single parent units, and some of those children will never enjoy a meaningful parental relationship with their father. Neither will they enjoy the financial security provided by two parents.

On Father’s Day, David Cameron took the opportunity to criticise “runaway dads”, arguing that society should stigmatise “fathers who go AWOL” as it does drink-drivers.  He is still mourning the loss of his own father, whom he clearly adored. What he says is understandable, given his own situation, but his words aren’t going to alter anything anytime soon.

I love and respect my own father. His relationships with others, his determination, courage and selflessness are qualities I try to emulate. My father keeps his word. If he says he will do something, he does it. If he shakes hands on a deal, it’s a deal. He has the discipline to run countless marathons, and cycled when he had shin splints and couldn’t run. I trail in his wake. Where would I have been without my dad?

So with the Sunday newspapers full of stories about fatherless children, what would I do about “runaway dads”, if I could?

I would change the law. I would begin by abolishing the utterly useless CMEC.

At a stroke, I would even up the playing field between unmarried couples who have a family together. I would introduce new family law, which provided for all families in non-marital situations. Recognise and compensating for economic imbalance caused by having children, it would include better financial provision for the partner – often the mother – whose ability to earn is limited because of childcare obligations. When you have children to care for, it becomes far tougher to earn a living and the cost of living is more expensive. For the parent with care, it is harder to keep up in the job market and progress along the career ladder. I would require the other partner to chip in more fully, and at a rate far higher than at present. So this new law would introduce a form of maintenance for such parents, alongside capital and housing provision, the amount and terms of which would be for a court to decide.

I don’t see why such provision should be limited to cohabiting couples only.

Why shouldn’t such law provide a requirement for fathers who have fathered a child, but have never been in a cohabiting relationship, to contribute far more equitably towards the mother of that child? The same arguments must apply. Why should financial provision be limited only to the child?

Why, in cases of economic imbalance caused by the birth of a child, shouldn’t the non-resident parent be required to pay up and provide fully for his family?

In short, I would remove “runaway dads’” present, uncurtailed ability to begin new relationships, fathering and then deserting children all over again, with barely any legal or moral obligations.

As an aside, I would also urge glossy magazines to stop selling us stories of unmarried women who have children by rich men, as though these couples’ glamorous lifestyles can be emulated in the real world. In reality, those women who do not move in such wealthy circles often discover that if their relationships break down, they and their children are left facing financial hardship.

If Mr Cameron wants to make a real difference, meaningful legislation should be his starting point.

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.

JamesB: “I pay maintenance by an attachment to earnings order, by county court enforcement of an ancillary relief child maintenance order. The problem is that this is now over the rate of that which my ex-wife should receive. This is because I have since had another child and I am not earning more money now then I was when we divorced. Thus, I would like to go to the CSA and have the form completed and ready to go.”

Rachel Baul: So, you currently have an order providing for child maintenance as a result of your ancillary relief proceedings. You also have an attachment of earnings order against you for payments to be made through your employers. You have since had another child and you believe that under the current regime, you may pay less if you paid through the CSA. Therefore you wish to make an application to the CSA for an assessment.

The first thing you should note is that in order for you to apply to the CSA, at least 12 months and one day must have passed since the date of the court order. The CSA will not have jurisdiction to take on your case unless this time period has elapsed. If this time has not elapsed and you still wish for your child maintenance to be varied, you will need to make a variation application to the court that made the final ancillary relief order.

“Thing is, once I send [the form to the CSA], until they presumably dispose of the court order for me to pay through the CSA, I will be effectively paying twice won’t I? How can I stop this from happening please? What is the process? I have read that CSA maintenance is due from the date of the application and don’t want to pay child maintenance twice for the same period.”

There is a way around this. If your court order has been in place for at least 12 months and one day and the CSA has jurisdiction, then the attachment of earnings order will need to be discharged before the CSA can open the case.

You can still make your application to the CSA but, to ensure that you do not get charged twice, you will not start payments with the CSA until your other court order is discharged. Of course, when make your application to the CSA, you need to inform them of the whole situation so that they do not accidentally charge you.

To discharge the attachment of earnings order, you will need to make an application to the court informing them that you have made an application to the CSA. It will then be for the court to discharge your obligation under the child maintenance provision of your ancillary relief order, and to then discharge your attachment of earnings order. These orders will remain in force until they are discharged by the court. Therefore you will have to continue the payments until this time. Once the orders are discharged, the CSA can take over.

“On the form they ask for full details of my employer. Will they write straight away to my employer? I was under the impression that they wanted salary slips from me, but they have not asked for them. Should I miss off my employer’s name to get them to write to me and ask me for payslips (as I’d rather not involve my employer for obvious reasons – I don’t want to be seen as a troublemaker)? Or will they write to me first and not the employer? If that is the case, why do they ask for the details?”

The CSA is requesting information about your employer, because they need to know this in order to make their assessment of your child maintenance liability. They need to know whether you are in employment and how much you are paid. They will also use this information for enforcement purposes if you default in making the payments. The CSA can make a deduction of earnings order against you if you do not pay. This would work in the same way as your current attachment of earnings order. Their other enforcement powers include deducting money from your bank accounts, being disqualified from driving and committal to prison.

I hope that these answers satisfy your questions. Readers are welcome to leave additional questions below.

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 commended by a number of the firm’s high profile clients.

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:

• When the non-resident parent works for a UK based company abroad.
• When the non-resident parent is a civil servant or works within Her Majesty’s Diplomatic Service or Her Majesty’s Overseas Civil Service.
• When the non-resident parent is a member of the armed forces.
• When the non-resident parent works abroad on a secondment for a prescribed body such as a NHS trust or a local authority.

Additionally, the vagueness of the term “habitual residence” can give rise to grey areas. The CSA does not define habitual residence; nor is there any case law that deals with this definition in the context of the CSA.

In general terms, “habitual residence” would suggest that you are resident in the country in which you are living. However if the non-resident parent’s sole motivation for a move abroad is work commitments, and they intend to come back to the UK, then the CSA could view their habitual residence as being in the UK. This is especially true if there is already a home and family in the UK, or if the parent spends more than 92 days a year in the UK and is registered as resident for tax purposes.

So when doubt hangs over a parent’s “habitual residence”, that parent may face a bill for ongoing maintenance and arrears accrued during time spent abroad. If this bill is left unpaid, it can be enforced by the CSA through the courts, using a Deduction of Earnings Order. This would mean that the CSA could take a sum out of the parent’s earnings each month, at source. Alternatively the non-resident parent could contact the CSA and try to come to some agreement over how much they can pay and when.

There are other processes whereby maintenance can be enforced upon a parent living abroad. The Reciprocal Enforcement of Maintenance Orders (REMO) allows orders made for maintenance in a UK court on behalf of a UK resident to be enforced by either the courts or authorities of the foreign country in which the non-resident parent is living. A list of countries that are party to this process can be found on the CSA website.

In order to begin this process, the parent with care of the children should either apply to the magistrates’ court to register an already existing order abroad, or apply to the magistrates’ court to make an order for maintenance to be registered abroad. The order then effectively becomes an order of that foreign country and is, therefore, governed by the law of that country.

If arrears of maintenance accrue through the courts and are backdated by more than 12 months you must obtain leave of the court before you are able to reclaim these.  By contrast the CSA has no cut off date for arrears and are entitled to enforce arrears which are more than 12 months old. A CSA assessment will not accrue arrears if it is suspended by the parties, but will otherwise continue to accumulate.

Ultimately, it should be remembered that child maintenance is money that is owed to the child, not the other parent. Child maintenance is the responsibility of the non-resident parent and therefore it should be paid.

If the non-resident parent believes that their assessment is wrong or they cannot afford to pay then there may be some virtue in asking for a review or an appeal of their assessment. However this must be done within one month of receipt of the letter detailing the assessed amount that they are liable to pay.

So it seems that non-resident parents who think moving abroad will help them elude the CSA may have to think again. Parents who move abroad for legitimate reasons also need to consider whether they remain subject to the CSA’s assessments – and prepare accordingly.

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 commended by a number of the firm’s high profile clients.

Note: This blog receives lots of queries related to the Child Support Agency (CSA). Unfortunately, because of the complex and labyrinthine nature of CSA processes and rules, such questions often call for lengthy and long-winded answers. For this reason, it is difficult to answer such queries on an individual basis.

If you are seeking advice about a situation that involves the CSA, perhaps these earlier posts will help. If your CSA-related query is of a pressing nature, I recommend that you contact the National Association for Child Support Action: a hardworking organisation that can provide ongoing assistance, advice and support.

Child and sea image credit: Pingu1963.

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.

how do i get my wife of 20+ years sexually attracted to me again

Not the usual kind of question asked of a family lawyer! One of the most important things is that you have to show that you are sexually attracted to her.

how can you tell if your husband is cheating on you

Having an affair usually means spending more money; have his patterns of cash withdrawal or credit card spending changed? Other tell-tale signs are described in Marilyn Stowe’s post, Ten Ways To Tell He’s Cheating On You.

how do i obtain a mesher order against my husband

By reaching an agreement with your husband, which is then translated into the wording of a court order and approved by the court. If you cannot reach agreement, a court order may be imposed on both of you after a final hearing. Often a Mesher order is agreed upon when the wife cannot afford to “buy out” the husband’s interest in the property.

how does csa calculate self employed net income

Your net income is the profit from your activities after tax, National Insurance and pension contributions. If your net income is more than £2,000 per week, it is capped at that amount for the purpose of the maintenance calculation. However it is still possible that the resident parent could apply to the court for more maintenance or other financial orders against you.

how does the judge in a divorce case present his decision

It depends. If the case is fairly simple, and there is enough time left on the day of the hearing, the judge will tell you what his decision is there and then. In doing so, the judge must summarise the arguments and explain why they have reached their decision, so it takes a little time. If the case is complex or it is late in the day, the judge might “reserve” judgment, which often means that you have to wait several weeks. Then the decision will be issued in writing, or the parties will have to return to court to hear the judge pronounce his judgment.

how to change wife’s mind about divorce

You may not be able to! The most important thing is to keep communicating in a civil and constructive way. An independent third party can help you to do this: visit Relate for further information.

how to deal with anxiety and divorce hearing

Look after yourself: Don’t smoke, keep alcohol to a minimum and get as much sleep as possible. Ask lots of questions of your solicitor: what is the format of the hearing? Will I need to speak? Who will be representing me? What will be decided? When will it start and finish? Where should we meet? What do I wear? Feel free to bring a friend or family member with you for support, but note that they will not be allowed into the courtroom. If the hearing is likely to last all day, force yourself to have lunch!

how to know if marriage is invalid?

A marriage may be invalid if the ceremony did not comply with the formalities to make it legally recognised in the country in which the ceremony took place. For example, you may be in trouble if the venue is not licensed to hold marriages, or if the person conducting the ceremony is not licensed to do so. The most common problem is when couples go through a religious ceremony that is not recognised as a legally binding marriage in that country, and omit to follow it up with a civil ceremony.

ex partner lives with his mother how does that affect csa

It doesn’t.

how to withdraw from a sears tooth agreement

In short, you can’t. If you have signed up to a Sears Tooth Agreement, you have entered into an agreement with your solicitor to pay your legal fees from any money awarded to you at the end of your case. Your solicitor has carried out the work for you on that basis. The only way to “withdraw” is to settle the solicitor’s outstanding charges. If clients could withdraw from a Sears Tooth Agreement, then solicitors wouldn’t offer them!

how to write your own prenuptial agreements

Don’t bother. The current law on prenuptial agreements is that if the agreement is to hold water in any subsequent divorce proceedings, both parties must have had independent legal advice when it was entered into.

how you know he wants a trophy girlfriend

Ask yourself a few questions. Does he set great store by what his friends and associates think of him? Do some of them have trophy girlfriends? Has he said that he is not happy with his life? Has he started to spend more on clothes? Does he want a flashier car than he already has? If you are answering “Yes, Yes, YES!”, then watch out.

how to tell your wife you want a divorce younger women

This news is going to hurt big time – however you phrase it. However there is no point in lying or dressing your reasons up with excuses, because your wife will learn the truth soon enough. If you haven’t been honest, her reaction will be ten times worse.

how to make a good impression on your first day at work law student

Don’t try to impress everyone with your legal skills and knowledge: even if you know more than the people who work there, they will not like you for it! Dress smartly, be punctual, look interested and do exactly what you’re asked to do. Always ask what the deadline is for any work you are given. Don’t be afraid to ask questions about the work if you are not exactly sure what is expected of you.

how to protect money if wife is unfaithful

Limit the amount of money going into joint accounts, or accounts in your wife’s sole name. Make sure that she cannot run up overdrafts or credit card debts that are in your name or joint names.

Stowe Family Law is the UK’s largest specialist family law firm, with offices and divorce solicitors in London, Yorkshire and Cheshire.

With an outstanding national and international reputation, the firm provides a full range of private client family law services. Our divorce solicitors are praised by clients, the media and legal guides for their knowledge and expertise.

Marilyn Stowe and members of the Stowe Family Law team

Question mark image credit: Xurble.

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.

An exam question would state, “Advise the client”. I wonder, how many students would skip it and move on to the next question, hoping that it might be easier?

With a conundrum such as this, where do you start?

I’d begin by recommending the fourth edition of Cohabitation, Law Practice and Precedents by Wood, Lush, Bishop and Murray, which was published earlier this year. It is brilliant and provides succinct answers to this client’s problems, along with all the necessary precedents and court applications.

So how should one advise?

The first step is to ensure that the properties are indeed jointly owned.  The Land Registry form TR1, which is completed whenever a property is purchased, now requires the parties to a property transaction to state whether they hold the property on trust for themselves beneficially as joint tenants, as tenants in common in equal shares or as tenants in common in such shares as might be specified.

As this client appears not to have had advice to protect his contribution, I would expect the form to say they hold the property as beneficial joint tenants. If this is the case, it is almost impossible to avoid a 50:50 split.  The TR1 forms should have said that the properties are held as tenants in common in such shares, as might be specified or as contained in a separate Trust Deed.  The book gives precedents to use, of various different types of trust.

If it appears that the solicitor has not advised properly, a negligence claim against that solicitor may follow. Such a claim runs for three years from when the potential claimant discovers the problem. In this case, if the client had no such advice, then he clearly has a claim against his former solicitor and can sue for the financial loss that he will incur.

My client can seek an order for sale of all the properties under the Trust of Land and Appointment of Trustees Act 1996. He can seek an order for occupation of the properties inhabited by the relatives under the law of landlord and tenants.  The girlfriend, however, has a right of occupation and will continue to hold that right until the present home is sold.

As for the baby, the client can ask for a DNA test to be arranged through CMEC. If the child is confirmed as his, he is liable to pay child maintenance based on a percentage of his income.

He may also have financial obligations under the Children Act 1989 as Schedule 1 enables the Court to make orders for periodical payments, lump sums, settlement of property and transfers of property.  In the case of periodical payments the Court has limited jurisdiction, but can make top-up payments against the amount payable under the Commission.  For example, if a client has a substantial income and receives the top CMEC assessment, the Court can order him to make further payments to meet his child’s needs.  In such circumstances a periodical payments order under the Children Act can include an amount to reflect the contribution of the parent with care to the child’s upbringing. This is known as a “carer’s allowance” and is somewhat akin to spousal maintenance.  The Court can also order, quite separately to CMEC, the payment of school fees and lump sums or property transfers to provide a home for the child, although such lump sum or property would be returned to my client upon the child attaining the age of 18.

Hayley Edwards became an Advanced Member of the Law Society’s Family Law Panel in 2002, and joined Stowe Family Law in 2004. One of the firm’s team leaders, she specialises in cohabitation cases and has been particularly commended by clients for her attention to detail.

 Swordfight image credit: MC Quinn.

Note: This blog receives lots of queries related to the Child Support Agency (CSA). Unfortunately, because of the complex and labyrinthine nature of CSA processes and rules, such questions often call for lengthy and long-winded answers. For this reason, it is difficult to answer such queries on an individual basis.

If you are seeking advice about a situation that involves the CSA, perhaps these earlier posts will help. If your CSA-related query is of a pressing nature, I recommend that you contact the National Association for Child Support Action: a hardworking organisation that can provide ongoing assistance, advice and support.

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 read Rachel Baul‘s recent guest post: From the CSA to CMEC: 10 Things That You Should Know.

On Monday I appeared on BBC Radio 4′s Law in Action programme, along with David Lister from Mishcon de Reya, to discuss the impending divorce between Madonna and Guy Ritchie.

On air, I was at pains to point out that these big celebrity cases can give the impression that divorce is always “an absolute nightmare” – when the truth is that the process can be far less painful.

Note: This blog receives lots of queries related to the Child Support Agency (CSA). Unfortunately, because of the complex and labyrinthine nature of CSA processes and rules, such questions often call for lengthy and long-winded answers. For this reason, it is difficult to answer such queries on an individual basis.

If you are seeking advice about a situation that involves the CSA, perhaps these earlier posts will help. If your CSA-related query is of a pressing nature, I recommend that you contact the National Association for Child Support Action: a hardworking organisation that can provide ongoing assistance, advice and support.