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14 March 2019 / David Burrows
Issue: 7832 / Categories: Features , Family
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Child support: David Burrows provides a master class in family law & administration law
  • Kafka, Dicey and a child support scheme.

The 25th anniversary of the opening of the doors of the Child Support Agency (now Child Maintenance Service (CMS)) was recorded, with no enthusiasm on my part, by ‘Going separate ways’ 168 NLJ 7790, p9. The Department for Work and Pensions presides over a Kafkaesque scheme. For example, it hopelessly delays necessary enforcement and needlessly involves five different courts and tribunals:

  • magistrates’ courts civil jurisdiction (eg committal for enforcement of arrears);
  • the family court (eg lump sum deduction orders);
  • the county court (charging orders: arrears);
  • first-tier tribunals; and
  • the upper tribunal (‘administrative’ appeals (to be explained in Pt 2 of this article).

    •  

    Beyond this are rights to appeal: to the High Court, Family Division, to the Court of Appeal and to the Supreme Court (with permission). Alongside this is judicial review, often the only means of challenge to child support delegated legislation and CMS civil servant decision-making

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