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16 March 2007 / Kim Fellowes
Issue: 7264 / Categories: Features , Child law , Family , Ancillary relief
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Could do better

Kim Fellowes discusses common problems in the child support system and offers some practical solutions

The process of recovering unpaid child support is here to stay, in one form or another. The two current systems introduced under the Child Support Act 1991 (CSA 1991) and the Child Support, Pensions and Social Security Act 2000 (CSPSSA 2000) will continue until the new organisation, the Child Maintenance and Enforcement Commission (C-MEC) replaces the Child Support Agency (CSA). The anticipated final transition of existing cases to C-MEC is not until 2013. As such, family lawyers ignore at their peril child support issues that arise in respect of their caseload.

The assessment stage

In child support cases, the financial disclosure requested from a non-resident parent (NRP) is wholly inadequate, compared with the full and frank disclosure provided in the court process. There is an additional problem as the disclosure provided by one party is not provided to the other, which means the parent with care (PWC) has little opportunity to ascertain if the information used by

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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
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’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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