Child Maintenance
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HW v WB (Financial Remedies; Treatment of Post-nuptial Agreement) [2024] EWFC 328 (B)5 July 2024
DJ Phillips. Final hearing where the issues concerned whether a post-nuptial agreement was binding on the parties and fair. The parties were married for 9 years and had one child, 10, and, W’s older child, 19, who was treated as a child of the family, having been 6 years when the parties met. Four days after the marriage, the parties signed a PNA.
- Cases
- Housing Need
- Spousal Maintenance (Quantum)
- Agreements
- Child Maintenance
- Needs
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
!29/11/2024 06:00
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GH v H [2024] EWHC 2869 (Fam)12 November 2024
Mr Simon Colton KC sitting as a deputy High Court judge. On W’s application, an interim changing order was made final in respect of sums to be paid to a third party/child of the marriage, with interest granted on the unpaid periodical payments. Held: that the fixed costs regime applied to final charging orders made in family proceedings, with consideration as to when that regime could be disapplied.
- Cases
- Fixed Costs
- Child Maintenance
- Periodical Payments
- Interest
- Loans
- Charging Orders
- Costs
- Third Parties
- Debts
- Enforcement
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UD v TQ [2024] EWFC 119 (B)26 April 2024
HHJ Hess. Final hearing in case involving footballer. Application of *Moher* in light of H’s misconduct and attachment of earnings order made to secure maintenance.
- Cases
- Child Maintenance
- Conduct
- Costs
- Disclosure from Third Parties
- Enforcement
Child Maintenance by the Back Door? Mortgages and Schedule 1 Children Act 1989
Following the successful appeal of the arbitral award in LT v ZU [2023] EWFC 179, the decision has been reversed in the further appeal to the High Court ([2024] EWHC 778 (Fam)). LT v ZU is significant as it provides authority to permit a court to require a party to take out a mortgaged loan to provide housing pursuant to Sch 1; and pay the monthly mortgage instalments in cases where the court has no jurisdiction to make periodical payments. The father is seeking permission to appeal.
- Journal
- Child Maintenance
!16/05/2024 10:26
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TK v LK [2024] EWFC 712 April 2024
Enormously helpful review of Sch 1 authorities re (i) the jurisdiction to make a Schedule 1 award after a clean break in divorce proceedings, (ii) the relevance of parental conduct in Schedule 1 proceedings, (iii) dependence and the reversion of capital and (iv) costs.
- Cases
- Child Maintenance
- Conduct
- Costs
- Children Act 1989 Schedule 1 Applications
- Case Management
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SP v QR [2024] EWFC 57 (B)12 March 2024
HHJ Hess. Schedule 1 application with a ‘more modest’ asset base regarding residence in a property subject to a mortgage and ‘top-up’ maintenance for a disabled child.
- Cases
- Housing Need
- Child Maintenance
- Needs of a Disabled Child
- Costs
- Children Act 1989 Schedule 1 Applications
- Child Support
- 'Top-up' Maintenance
- Needs
- Child's Needs
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C v D (No 2) (2007 Hague Convention) [2024] EWFC 3627 February 2024
MacDonald J underlines the limited circumstances in which the registration of a maintenance order pursuant to the Hague Convention 2007 may be appealed successfully.
- Cases
- Jurisdiction
- Child Maintenance
- International Enforcement
- Child Support
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Y v Z [2024] EWFC 416 January 2024
Peel J's determination of M’s Schedule 1 application against F, who is a member of a Middle Eastern royal family.
- Cases
- Millionaire's Defence
- Disclosure
- Child Maintenance
- Security for costs
- Children Act 1989 Schedule 1 Applications
- Child Support
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Galbraith-Marten v De Renée [2023] EWFC 25320 December 2023
Cobb J. Application of James v Seymour formula for child maintenance under Sch 1 in this long-running case.
- Cases
- Child Maintenance
- Children Act 1989 Schedule 1 Applications
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