header-logo header-logo

Breakdown cover

14 March 2019 / David Burrows
Issue: 7832 / Categories: Features , Family
printer mail-detail

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

    DWF—19 appointments

    DWF—19 appointments

    Belfast team bolstered by three senior hires and 16 further appointments

    Cadwalader—Andro Atlaga

    Cadwalader—Andro Atlaga

    Firm strengthens leveraged finance team with London partner hire

    Knights—Ella Dodgson & Rebecca Laffan

    Knights—Ella Dodgson & Rebecca Laffan

    Double hire marks launch of family team in Leeds

    NEWS
    Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
    Bea Rossetto of the National Pro Bono Centre makes the case for ‘General Practice Pro Bono’—using core legal skills to deliver life-changing support, without the need for niche expertise—in this week's NLJ
    Artificial intelligence may be revolutionising the law, but its misuse could wreck cases and careers, warns Clare Arthurs of Penningtons Manches Cooper in this week's NLJ
    Writing in NLJ this week, Victoria Rylatt and Robyn Laye of Anthony Gold Solicitors examine recent international relocation cases where allegations of domestic abuse shaped outcomes
    The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement
    back-to-top-scroll