Family Law Hub

Dickson v Rennie [2014] EWHC 4306 (Fam)

The district judge in 2007 was able to take, and did take, a global view of the worldwide assets and income of the father and assessed child maintenance payments pursuant to Schedule 1 to the Children Act 1989, at around £4,000 per month. 8 years later however, the father, who lived in Jersey and thus not resident in the UK, asserted his right to make an application to the Child Maintenance Service.

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Case note, published: 17/03/2015

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  • The district judge in 2007 was able to take, and did take, a global view of the worldwide assets and income of the father and assessed child maintenance payments pursuant to Schedule 1 to the Children Act 1989, at around £4,000 per month. 8 years later however, the father, who lived in Jersey and thus not resident in the UK, asserted his right to make an application to the Child Maintenance Service. He argued that he was employed by a company of a prescribed description registered under the Companies Act 2006 and thus fell within s44 (2A) of the Child Support Act 1991. The effect of this was that the father was only liable to pay around £30 per week under the CMS (he in fact had continued to pay around £1,000 per month). This decision was being appealed by mother but here she was applying for a top-up order. The application was dismissed - the CMS had assessed the father's income at below the £3,000 per week required to allow a top-up order. Judgment, 18/12/2014, free

Published: 17/03/2015

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