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29 November 2013
Issue: 7586 / Categories: Case law , Judicial line , In Court
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Child support second charge

What is the current state of thinking about the efficacy of a second charge...

What is the current state of thinking about the efficacy of a second charge against the former matrimonial home under a financial remedies order where the resident parent is agreeing not to claim child support in return for preserving the property and the non-resident parent wishes to ensure he does not suffer double jeopardy? The charge would be for a sum equivalent to any child support the non-resident parent ends up having to pay.

Any agreement not to claim child maintenance or to repay any sums paid under a maintenance calculation would be unenforceable on public policy grounds. While parties are free to agree whatever financial arrangement they wish, we suggest the court should not give its approval to such an arrangement and that the charge would be set aside on challenge.

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NEWS
The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
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