header-logo header-logo

31 January 2019 / Matilda Kingham
Issue: 7826 / Categories: Features , Family
printer mail-detail

Maintenance matters

Matilda Kingham provides an overview of the diversionary tactics employed to avoid paying child maintenance

 

  • Primary jurisdiction.
  • Unearned income.
  • Challenging an assessment.
  •  

    Primary jurisdiction in respect of child maintenance lies with the child maintenance service (CMS, formerly known as the Child Support Agency). When an application is made to the CMS, the CMS will consider the income of the paying parent (known as the non-resident parent) and apply a formula to this income to produce an assessment.

    This calculation is relatively straightforward where the non-resident parent earns income in a conventional fashion such as via PAYE. However, only a non-resident parent’s earned income is taken into consideration as the Department for Work and Pensions feel that ‘the majority of people […] only have one income stream’.

    As a result, the CMS struggles to deal with more complex income structures, particularly those where the paying parent is self-employed and/or receives income by way of dividend or rental income. Unearned taxable income is not automatically taken into consideration by the CMS when it makes

    If you are not a subscriber, subscribe now to read this content
    If you are already a subscriber sign in
    ...or Register for two weeks' free access to subscriber content

    MOVERS & SHAKERS

    Fieldfisher—Will Sharp

    Fieldfisher—Will Sharp

    Fieldfisher boosts structured finance practice with appointment of Will Sharp

    gunnercooke—Thomas Bjorn & Peter Rudd-Clarke

    gunnercooke—Thomas Bjorn & Peter Rudd-Clarke

    gunnercooke grows its life sciences team with new partner hires

    Leonard Curtis Legal—Mark Maguire & Kane Jones

    Leonard Curtis Legal—Mark Maguire & Kane Jones

    Leonard Curtis Legal expands corporate team with twonew appointments

    NEWS
    The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
    An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
    The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
    Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
    Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
    back-to-top-scroll