Child Maintenance and Mortgage Payments – New Guidance: LM v SSWP & NM [2024] UKUT 259 (AAC)

What happens if the Child Maintenance Service has determined that a non-resident parent is required to pay child maintenance to the parent-with-care, but payments are also being made towards the mortgage secured on the property in which PWC still lives with the qualifying child/children? Does it matter if the property is jointly owned by NRP and PWC? Will those mortgage payments reduce the amount of child maintenance?

• Blog

• Mortgages
• Child Maintenance

• Gwynfor Evans

29/11/2024

ST v AR: The Origin of Assets and the Assessment of Needs

As Mostyn J observed in Clarke v Clarke [2023] 2 FLR 1 at [36], Peel J’s oft-quoted summary of the law in WC v HC (Financial Remedies Agreements) (Rev 1) [2022] 2 FLR 1110 at [21] is an ‘impeccable synopsis of the jurisprudence applicable in financial remedy cases [which] has become justly famous’. Somewhat more colloquially, Peel J has himself said (with a smile) that he has heard his summary described as ‘the Noddy Guide’ to financial remedies.

• Blog

• Assets
• Needs

• Nicholas Allen KC
• Andrew Day

01/04/2025

The Express Financial Remedy Procedure Pilot

Between the first (A Paper to consider the future use of Remote Hearings in the FRC) and third (Transparency in the Financial Remedies Court) Farquhar reports, the members of the FRC Recovery Group – initially set up by Mr Justice Mostyn and chaired throughout by His Honour Judge Stuart Farquhar – were put to good use.

• Journal

• Procedure
• Fast Track
• Express Financial Remedy Procedure

• Samantha Hillas KC

18/03/2025

On v On [2024] EWFC 37911 December 2024

HHJ Booth (now retired), sitting as a High Court judge, considered whether the duty of full and frank disclosure ends at the arbitration hearing, the judgment, and also whether the arbitral award should be treated as a ‘judgment’. Held: the duty of full and frank disclosure continued until the final disposition of the claims by the court.

• Cases

• Dishonesty
• arbitration
• Disclosure
• Fraud

• Elizabeth Bowden

Schedule 1 Property Structures

The main focus in cases under Schedule 1 to the Children Act 1989 is often on how to meet the housing needs of a child; understandably so, as it is usually the largest cost. It can also be the starting point for settlement as the type of property and loca…

• Journal

• Children Act 1989 Schedule 1 Applications

• Jemma Pollock
• Rebecca Fisher
• Pieter Boodt

06/07/2022