header-logo header-logo

Child maintenance: finding the formula

11 August 2023 / Catherine Doherty Montanaro
Issue: 8037 / Categories: Features , Family
printer mail-detail
133401
The calculation of child maintenance for parents in higher income brackets has been clarified—if not simplified—by the High Court: Catherine Doherty sets out what this means for family practitioners
  • In an appendix to the judgment in James v Seymour, Mr Justice Mostyn set out his proposed formula for the calculation of child maintenance.
  • The conflict between this formulaic approach and the discretionary balancing exercise preferred by other members of the judiciary will be familiar to family practitioners.

On 19 April 2023, Mr Justice Mostyn handed down judgment in James v Seymour [2023] EWHC 844 (Fam), [2023] All ER (D) 28 (May), an appeal brought by a mother of the judgment of Judge Vincent dated 6 December 2022 (A wife v A husband [2022] EWFC 154).

Background

The mother was aged 50 and a journalist (but was not working at the time of the appeal). The respondent was the mother’s ex-husband (aged 47, working in private equity) and father of their two children, aged 12 and 10.

Both

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

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

Gilson Gray—Jeremy Davy

Gilson Gray—Jeremy Davy

Partner appointed as head of residential conveyancing for England

DR Solicitors—Paul Edels

DR Solicitors—Paul Edels

Specialist firm enhances corporate healthcare practice with partner appointment

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll