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11 August 2023 / Catherine Doherty Montanaro
Issue: 8037 / Categories: Features , Family
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Child maintenance: finding the formula

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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

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NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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