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Breakdown cover

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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    MOVERS & SHAKERS

    Birketts—trainee cohort

    Birketts—trainee cohort

    Firm welcomes new cohort of 29 trainee solicitors for 2025

    Keoghs—four appointments

    Keoghs—four appointments

    Four partner hires expand legal expertise in Scotland and Northern Ireland

    Brabners—Ben Lamb

    Brabners—Ben Lamb

    Real estate team in Yorkshire welcomes new partner

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