Maintenance for a disabled adult child: a case of legal blogging – Transparency Project

‘Between August 2022 and June 2023, I observed, online, a number of hearings in a single case heard by His Honour Judge Shelton who is a judge in the family court in Leeds. The case was about the amount of money that the father/ex husband (James) should pay towards his ex-wife Beth and their daughter Isabelle. (These are fake names.) He had been paying £100 per month to Beth and £1500 to Isabelle. The case was unusual because Isabelle was an adult. Normally, a parent would not have to pay maintenance for an adult child, but there are exceptions to this and one of the exceptions is where the adult child is disabled. Isabelle has multiple physical and intellectual difficulties She lived with Beth in an adapted home and Beth provided her with full-time care, including with the help of various carers.’

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Transparency Project, 6th February 2024

Source: transparencyproject.org.uk

New Acts – legislation.gov.uk

2023 c. 37 – Illegal Migration Act 2023

2023 c. 35 – Child Support (Enforcement) Act 2023

2023 c. 34 – Equipment Theft (Prevention) Act 2023

2023 c. 39 – Strikes (Minimum Service Levels) Act 2023

2023 c. 36 – Social Housing (Regulation) Act 2023

2023 c. 33 – Employment Relations (Flexible Working) Act 2023

Source: www.legislation.gov.uk

Appeal allowed despite ‘disastrously handled’ litigation – Law Society’s Gazette

Posted July 7th, 2023 in appeals, child support, children, costs, dispute resolution, families, news by tracey

‘A High Court judge has “with a very heavy heart” allowed an appeal while making clear his dismay at the conduct of the successful party.’

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Law Society’s Gazette, 6th July 2023

Source: www.lawgazette.co.uk

Is The Cost of Childcare Threatening Families’ Human Rights? – Each Other

Posted October 22nd, 2021 in benefits, child support, children, families, government departments, human rights, news by sally

‘Childcare costs can threaten the right to a family life, but the UK government has rejected calls for an independent inquiry into soaring prices.’

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Each Other, 20th October 2021

Source: eachother.org.uk

Unmarried partners still missing bereavement payments – BBC News

‘Means-tested payments of up to £10,000 are made to parents whose husband, wife or civil partner has died.’

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BBC News, 3rd March 2020

Source: www.bbc.co.uk

Breakdown cover – Family Law

Posted November 14th, 2019 in appeals, child support, divorce, news by tracey

‘David Burrows provides a rundown of child support appeals to the First-tier Tribunal & Upper Tribunal.’

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Family Law, 13th November 2019

Source: www.familylaw.co.uk

Funding Freshers – who pays for an older child’s university tuition fees on divorce? – Family Law

‘This month thousands of people up and down the country found out whether they had done enough to get into their university of choice. After a long, hard slog involving many sacrificed weekends and evenings, Freshers’ Week will no doubt provide some much needed light relief before it’s time to do it all over again over the next three to four years.’

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Family Law, 28th August 2018

Source: www.familylaw.co.uk

Child Support Update – Family Law Week

Posted March 2nd, 2018 in child support, news by tracey

‘Jody Atkinson TEP, barrister at St John’s Chambers, Bristol, takes stock of the developments in child support law and practice and considers the implications for parents.’

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Family Law Week, 1st March 2018

Source: www.familylawweek.co.uk

Jurisdiction and quantum of global maintenance order (AB v CD) – Family Law

‘Family analysis: Did the court, in deciding on financial provision, have jurisdiction to make a global maintenance order? Liz Cowell, partner at McAlister Family Law, looks at the issues of ‘global’ and ‘Segal’ orders in the recent case of AB v CD [2017] EWHC 3164 (Fam), [2017] All ER (D) 50 (Dec).’

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Family Law, 5th January 2018

Source: www.familylaw.co.uk

Can the court order global maintenance? – Family Law

Posted December 18th, 2017 in child support, financial provision, foreign jurisdictions, news by sally

‘A long time ago, in a galaxy far, far away, the Thatcher Government fixed its sights on child maintenance. In January 1990, in what was to be her last year in office, Mrs Thatcher (as she then was) spoke about the scandal that ‘…nearly four out of five lone mothers claiming income support received no maintenance from the fathers. No father should be able to escape from his responsibility and that is why the Government is looking at ways of strengthening the system for… making the arrangements for recovering maintenance more effective’ (National Children’s Homes Memorial Lecture, 17 January 1990).’

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Family Law, 14th December 2017

Source: www.familylaw.co.uk

Financial claims for children following parental separation: child maintenance and Schedule 1 – Family Law

Posted November 6th, 2017 in child support, judges, legislation, news, statutory interpretation by tracey

‘In the recent case of Green v Adams [2017] EWFC 24 Mr Justice Mostyn discussed the constraints of child support and the perceived shortcomings in the latest child maintenance regime (introduced by the Child Maintenance and Other Payments Act 2008).’

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Family Law, 3rd Niovember 2017

Source: www.familylaw.co.uk

Child support legal loophole is closed – The Guardian

Posted October 30th, 2017 in child support, families, government departments, legislation, news by sally

‘Parents will no longer be able to use a legal loophole to dodge paying child maintenance under new rules to be rolled out within months.’

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The Guardian, 29th October 2017

Source: www.theguardian.com

Senior judge: Fathers with valuable homes should pay more child support – Daily Telegraph

Posted August 7th, 2017 in child support, judges, news by sally

‘Estranged fathers with expensive homes should be forced to pay more towards the upbringing of their children, one of Britain’s most senior family judges has said.’

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Daily Telegraph, 4th August 2017

Source: www.telegraph.co.uk

Watchdog finds £3bn in child support arrears may never be collected – The Guardian

‘At least £3bn in child maintenance payments ordered by the former Child Support Agency (CSA) may never be paid, the Whitehall spending watchdog has said.’

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The Guardian, 28th March 2017

Source: www.guardian.co.uk

iPhone evidence ‘could be more effective than court hearing’ – Law Society’s Gazette

‘Resolving neighbour disputes using iPhone evidence and a video hearing might be more effective than the parties travelling several miles to court, a senior government official has said, outlining significant developments to modernise the justice system.’

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Law Society’s Gazette, 21st July 2016

Source: www.lawgazette.co.uk

Finance & Divorce Update December 2015 – Family Law Week

‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during November 2015.’

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Family Law Week, 6th December 2015

Source: www.familylawweek.co.uk

‘Well-known’ footballer wins legal battle to have £60k-a-year child maintenance halved – Daily Telegraph

Posted October 29th, 2015 in appeals, child support, financial provision, news by sally

‘Unnamed player in his early 30s in High Court victory as judge cuts total maintenance he must pay to support children aged 10 and five to £30k.’

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Daily Telegraph, 28th October 2015

Source: www.telegraph.co.uk

Father killed himself after being asked for £11,000 child support, inquest told – The Guardian

Posted June 5th, 2015 in child support, children, divorce, financial provision, inquests, news, suicide by sally

‘A father hanged himself after receiving letters from the Child Support Agency demanding £11,000 in backdated maintenance payments for his son, an inquest has heard.’

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The Guardian, 4th June 2015

Source: www.guardian.co.uk

Man wins £39k over IVF baby deceit – BBC News

Posted March 23rd, 2015 in assisted reproduction, child support, children, damages, deceit, news, paternity by sally

‘A woman who conned her former husband into believing he was the father of her IVF baby has been ordered to pay £39,000 in damages at the High Court.’

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BBC News, 20th March 2015

Source: www.bbc.uk

Schedule 1 – Child Maintenance – Tanfield Chambers

Posted March 19th, 2015 in child support, news, periodical payments, regulations by sally

‘S 8 of the Child Support Act 1991 (CSA 1991) circumscribes the role of the courts in deciding child maintenance. This act trumps the provisions in the MCA 1973 and Children Act 1989 s 15 / Schedule l save in certain circumstances (e.g. where an existing maintenance order has been made less than one year earlier – s 4 (10) (aa) CSA 1991). The combined effect of s10 CSA 1991 and § 3 (1) of the Child Support (Maintenance Arrangements and Jurisdiction) Regulations 1992 (SI 1992/2645) is that from the effective date of a maintenance calculation made pursuant to CSA 1991, any existing court order ceases to have effect.’

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Tanfield Chambers, 20th February 2015

Source: www.tanfieldchambers.co.uk