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12 November 2009 / Katherine Walker
Issue: 7393 / Categories: Features , Family
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On guard!

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Paying close attention to child support legislation can pay dividends. Katherine Walker explains why

The failings of the Child Support Agency (CSA) are well documented and the only advice most of us give to our clients in relation to the CSA is, where possible, to avoid it at all costs.

However, given that the statutory regime is the starting point, both for practitioners when negotiating consent orders and for the court in cases where it retains jurisdiction, it is important to be familiar with the detail of the legislation and the changes ahead.

The much heralded creation of the Child Maintenance Enforcement Commission (CMEC) has created the impression that change is occurring more quickly than is actually the case.

The Child Maintenance and Other Payments Act 2008 (CMOPA 2008) continues to build on the existing, already labyrinthine, statutory framework. The confusion over the precise division of responsibility between the old CSA and CMEC has certainly not helped matters.

In fact, although CMEC has been up and running since July 2008 and has assumed responsibility

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NEWS
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NLJ this week: Divorce ‘nuclear weapon’ freezes assets but entangles outsiders
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 
NLJ this week: What counts as ‘rent’? Court says labour alone won’t do
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
NLJ this week: Freed but failed—justice system leaves the innocent empty-handed
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’
NLJ this week: Clarity on whistleblowing, settlements and tribunal limits
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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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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