
Child Maintenance
Child Maintenance Top-Ups – an Update Following James v Seymour [2023] EWHC 844 (Fam)
The quantum of child maintenance is an area of considerable contention, particularly in the context that there are now around 629,000 taxpayers earning more than £150,000. This is a 2.3 times increase since the statutory ceiling was introduced some 10 years ago.
- Blog
- Child Maintenance
- Top-Ups
!06/05/2023 15:27
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James v Seymour [2023] EWHC 844 (Fam)19 April 2023
Mostyn J. An appeal concerning the correct approach to the calculation of child maintenance liability in which Mostyn J adds to the ever-expanding repository of family law acronyms.
- Cases
- Publicity and Confidentiality
- Child Maintenance
- Variation Applications
- Children Act 1989 Schedule 1 Applications
- Child Support
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PP v Secretary of State for Work and Pensions and SP [2022] UKUT 286 (AAC)1 November 2022
Upper Tribunal Judge Wikeley. Decision on F’s appeal.A reconsideration of a re-assessment of F’s child maintenance liability resulted in FTT ruling (in the absence of both parties): (1) that F’s unearned income was £34,191; (2) that it was just and equita…
- Cases
- Child Maintenance
- Appeals
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A Wife v A Husband [2022] EWFC 1546 December 2022
HHJ Vincent. Consent order provided for W to receive lump sum in instalments for purpose of housing herself and the children, and spousal and child periodical payments. W relocated and sought accelerated receipt. Further consent order provided for this, b…
- Cases
- Child Maintenance
- Conduct
- Costs
- Variation Applications
- Cohabitation of Recipient of Spousal Maintenance
Child Maintenance Outside the Child Maintenance Service: Where Are We Now?
In the majority of cases child maintenance is determined exclusively by the formula prescribed by the Child Maintenance Service (CMS). In summary it is a percentage of the paying parent’s income with deductions for overnight care. But there are some exceptions where the English family court may have the power to make orders in relation to child maintenance.
- Blog
- Child Maintenance
!19/12/2022 12:02
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BK v (1) Secretary of State for Work and Pensions (2) LB [2022] UKUT 282 (AAC)27 October 2022
Deputy Upper Tribunal Judge Rowland. Decision on F’s application to appeal the decision of the First-tier Tribunal (FTT). F appealed a child maintenance assessment on the basis that his gross income was lower than the figure used in the assessment.F sough…
- Cases
- Child Maintenance
- Appeals
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Collardeau-Fuchs v Fuchs [2022] EWFC 13514 November 2022
Mostyn J. Ultra high net worth financial remedies where there there was a 2014 postnuptial agreement (a 2012 prenup modified after marriage). H was a billionaire real estate developer and parties ‘lived a billionaire lifestyle’.PNA created separate proper…
- Cases
- Secured Provision
- Agreements
- Child Maintenance
- Children Act 1989 Schedule 1 Applications
- Duxbury Capitalisation
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VSN v Secretary of State for Work and Pensions and JN [2022] UKUT 138 (Administrative Appeals Chamber)17 May 2022
Upper Tribunal Judge Poynter.This was an application for permission to appeal, persuasive but not binding, and published because it dealt with a novel situation: was a mirror order a “maintenance order” within the meaning of the Child Support…
- Cases
- Child Maintenance
- Overseas Divorce and the 1984 Act
- International Enforcement
- Child Support
- Mirror Orders
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W v H (Financial Remedies: Pensions) [2021] EWFC 6314 September 2021
Recorder Salter.Modest assets. Case involved pensions, third-party property, excessive litigation costs and jurisdiction of the court to make an order for child maintenance where the care of a child was shared equally between the parties, and thus there w…
- Cases
- Pensions on Divorce
- Jurisdiction
- Cohabitation
- Child Maintenance
- Costs
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D (A Child) (Appeal from the Registration of a Maintenance Order) [2022] EWCA Civ 64111 May 2022
Lord Justice Lewison, Lord Justice Moylan and Lord Justice Baker.Case concerning the extent of the right to appeal from the registration in England and Wales of a foreign child maintenance order.M and F were married in the USA but made their home in Engla…
- Cases
- Jurisdiction
- Child Maintenance
- Appeals
- International Enforcement