Latest updates
- the HCCH Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance (“Child Support Convention”) enters into force for Kazakhstan, following the deposit of its instrument of accession on 6 June 2017. News, 14/06/2019, free
- Court-ordered contact arrangements had broken down, and so the father lost credit for shared care and the Child Maintenance Service increased the amount of his weekly payments. He appealed against this. AI Poole QC, Judge of the Upper Tribunal, understood the father's frustration but refused the appeal. To do otherwise in this situation would not be in the interests of the child. Judgment, 31/05/2019, free
- The father appealed with regard to the meaning of "latest available tax year", so far as it applied to HMRC's provision of his income to the Child Maintenance Service for its child support maintenance calculations. The Secretary of State and the HMRC submitted that, as the father was a company director, he was required to file a self-assessment return (SAR), notwithstanding that PAYE information had been provided, and the HMRC could not provide a figure for a year for which a SAR had not yet been filed. Nicholas Wikeley, Judge of the Upper Tribunal, preferred those submissions and the father's appeal was dismissed. Judgment, 31/05/2019, free
- Upper Tribunal Judge Ward allowed the appeal by the non-resident father. who was applying for a supersession on the basis that his daughter had ceased to be a qualifying "child", being no longer in full-time non-advanced education. The First-tier Tribunal had made an error of law in refusing the application on the grounds that child benefit was still being paid. Judgment, 11/04/2019, free
- The wealthy husband, a citizen of Oman, had divorced his wife there by means of unilateral talaq and financially "pulled up the drawbridge", leaving the wife resident in the UK with large debts. Holman J made an order on a clean break basis, with the husband ordered to pay the wife a total sum of £24m. Judgment, 09/04/2019, free
Latest know-how
- In a tweet: Does breach of the lis pendens rule mean that a judgment cannot be recognised? Case note, 04/07/2019, members only
- A useful reminder of how income is calculated in the CMS formula (including why gross income is used, and annual reviews) Practice note, 20/12/2018, free
- In a tweet: Distinguishing between devices and shams Case note, 17/12/2018, members only
- In a tweet: No formal process for applying for permission to enforce arrears that are 12months+ Case note, 26/10/2018, members only
- The House of Commons library has written a useful summary of recent changes to child maintenance enforcement Practice note, 09/08/2018, free
Latest training
- CPD course, 12/03/2013, members only
- Listen to Marc's Saunderson's talk on the new Child Support Regime which came into force on 10 December 2012. Webcast, 11/03/2013, members only
Latest sources
- These Regulations amend and modify the Child Support (Collection and Enforcement) Regulations 1992 (S.I. 1992/1989) (“the 1992 Regulations”). They amend the Child Support (Meaning of Child and New Calculation Rules) (Consequential and Miscellaneous Amendment) Regulations 2012 (S.I. 2012/2785) (“the 2012 Regulations”) and the Child Support (Ending Liability in Existing Cases and Transition to New Calculation Rules) Regulations 2014 (S.I. 2014/614) (“the Ending Liability Regulations”). These Regulations also dis-apply the provisions in section 29(4) to (7) of the Child Support Act 1991 (c.48) in relation to a segment 5 case where liability is ended whilst these Regulations are in force. SI (external), 17/10/2016, free
- aka 2007 Child Support Convention International regs (external), 12/10/2016, free
- These Regulations modify the Child Support (Collection and Enforcement) Regulations 1992 (S.I. 1992/1989) and amend the Child Support Fees Regulations 2014 (S.I. 2014/612). SI (external), 29/03/2016, free
- In force 30 June 2014. Brings s.19 and Schedule 5 Child Maintenance and Other Payments Act 2008 and s.137 Welfare Reform Act 2014 into force. SI (external), 10/07/2014, free
- This instrument amends the basis for determining the territory in which a case is administered in cases where the parents live in different jurisdictions. The amendments made will mean that an application must be made in the applicant’s jurisdiction and, once further application requirements are satisfied, will be transferred to the non-resident parent’s jurisdiction where the case will be administered. Northern Ireland will not be charging their residents an application fee; this amendment ensures applicants are correctly charged or not charged the application fee depending on the jurisdiction in which they reside. The amendments made by these Regulations come into force on 30 June 2014 and will impact only on those applying to the 2012 Child Maintenance Scheme. SI (external), 10/07/2014, free
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