The Calculation Conundrum: Top-Up Maintenance After the Morgan Appeals
[2026] 3 FRJ 252. A maximum CMS maintenance calculation is a condition precedent of a top-up order. But could a subsequent decision by the CMS bring the court’s order to an end?
'Top-up' Maintenance
Leyla Soner Sophia Antoniou v Westley Nathan Morgan [2026] EWCA Civ 1363
https://caselaw.nationalarchives.gov.uk/ewca/civ/2026/1363
OS v DT [2025] EWFC 156
HHJ Hess. Financial remedies final hearing heard by HHJ Hess involving total assets over £9m, and disputes concerning non-matrimonial property including post-separation income, and child periodical payments where the parties had equal shared care of the children.
SP v QR [2024] EWFC 57 (B)
Judgment date: 12 March 2024
https://www.bailii.org/ew/cases/EWFC/OJ/2024/57.html
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.
Background
The applicant mother was 37 years