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

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
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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