header-logo header-logo

Home Login E-newsletter About us
14 March 2019 / David Burrows
Issue: 7832 / Categories: Features , Family
printer mail-detail

Breakdown cover

© Copyright LexisNexis 2026. All Rights Reserved.

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

    If you are not a subscriber, subscribe now to read this content
    If you are already a subscriber sign in
    ...or Register for two weeks' free access to subscriber content

    MOVERS & SHAKERS

    Read All
    Sponsored by
    NLJ Career Profile: John McElroy, London Solicitors Litigation Association

    NLJ Career Profile: John McElroy, London Solicitors Litigation Association

    From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

    Clarke Willmott—Elaine Field

    Clarke Willmott—Elaine Field

    Planning and environment team expands with partner hire in Manchester

    Birketts—Barbara Hamilton-Bruce

    Birketts—Barbara Hamilton-Bruce

    Firm appoints chief operating officer to strengthen leadership team

    NEWS
    Read All
    NLJ this week: Sanctions ruling casts ‘wide net’ over global finance
    A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
    NLJ this week: England’s courts cement status as fraud battleground
    Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
    NLJ this week: Mazur ruling puts firms on supervision alert
    Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
    NLJ this week: Landlords’ forced entry powers spark legal divide
    Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
    NLJ this week: Push to scrap ‘vague’ public office misconduct law
    A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
    Copyright © 2026 LexisNexis
    back-to-top-scroll