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

• Polly Morgan | Case Editor

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

• Michael Allum

!19/12/2022 12:02

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

• Rebekah Batt

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

• Polly Morgan | Case Editor

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

• Polly Morgan | Case Editor

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

• Stephanie Coker

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

• Krishma Patel

Her Royal Highness Haya Bint Al Hussein v His Highness Mohammed Bin Rashid Al Maktoum [2021] EWFC 9419 November 2021

Moor J.High profile applications by W under Schedule 1, Part III MFPA and the Married Women’s Property Act 1882 concluded with a record-breaking award. Lump sum awarded to W of £251.5m including capitalised security costs (for W for life, the children to…

• Cases

• Child Maintenance
• Conduct
• Evidence
• Overseas Divorce and the 1984 Act
• Children Act 1989 Schedule 1 Applications
• Duxbury Capitalisation

• Alexandra Hampton | Assistant Case Editor