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14 June 2007
Issue: 7277 / Categories: Legal News , Child law , Family
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Child support reforms: third time lucky?

The controversial Child Support Agency (CSA) is to be replaced by C-MEC, a body with greatly enhanced powers to force non-resident parents to pay child maintenance.

C-MEC, the Child Maintenance and Enforcement Commission, will be able to: blacklist defaulting parents from taking out loans and mortgages; take money out of bank accounts; impose curfews; and force parents to surrender their passports. It will have powers to charge errant parents for the cost of tracking them down.

The reforms, outlined in the Child Maintenance and Other Payments Bill, is an attempt to curb the failures of the CSA, which has an overall debt mountain of £3.5bn including about £760m from debts so long-standing they can no longer be legally enforced.

However, family lawyers are campaigning to amend the proposed reforms. Resolution’s child support committee chair Kim Fellowes, a director at Newcastle firm Dickinson Dees LLP, says Resolution is concerned that, while the government is keen to reduce administrative burdens by encouraging parents to agree their own private arrangements, the proposed reforms contain nothing that would enable parents to enforce these arrangements.

She says it is unclear where parents could go to get help on working out arrangements.

The group points out that there is no information on how historic debt, which can no longer be legally enforced, will be collected and if compensation will be paid to those parents who have lost these maintenance payments through no fault of their own.

Resolution also wants divorce courts to be given the power to cover arrangements for child support payments where they are already involved.
Fellowes adds: “Two versions of the CSA have failed thousands of children and their parents to date and the government’s latest plans look set to continue that trend.”

Issue: 7277 / Categories: Legal News , Child law , Family
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MOVERS & SHAKERS

Carey Olsen—Patrick Ormond

Carey Olsen—Patrick Ormond

Partner joinscorporate and finance practice in British Virgin Islands

Dawson Cornwell—Naomi Angell

Dawson Cornwell—Naomi Angell

Firm strengthens children department with adoption and surrogacy expert

Penningtons Manches Cooper—Graham Green

Penningtons Manches Cooper—Graham Green

Media and technology expert joins employment team as partner in Cambridge

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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