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02 August 2007 / Danielle Messenger
Issue: 7284 / Categories: Features , Family
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Taking a stand

Unusual family circumstances require flexible enforcement policies, says Danielle Messenger

On 25 June 2007 Michael Cox, father of five, was sentenced to 42 days’ imprisonment for non-payment of child maintenance through the Child Support Agency (CSA), with arrears of £43,000 (unreported). Earlier in the year he received a suspended sentence to be triggered if he failed to make maintenance payments.

INFLEXIBILITY

This case demonstrates the inflexibility of the regulations in the Child Support, Pensions and Social Security Act 2000. There is no mechanism for the CSA to deal with shared care arrangements. In each case the CSA needs to label one parent as the “parent with care” and the other the “non-resident parent”. The CSA regulations state that “if care is shared equally, the non-resident parent is the one who is not getting child benefit”. This means that a non-resident parent sharing care of the children loses out repeatedly. They will have identical costs in providing a home for the children, but will not receive any financial assistance from the state and will also

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MOVERS & SHAKERS

Haynes Boone—Louise Woods

Haynes Boone—Louise Woods

Haynes Boone expands global capabilities with addition of Louise Woods as chair of international disputes

DWF—John Gilfedder

DWF—John Gilfedder

DWF strengthens Global Risks practice with strategic hire of aviation partner in London

Shakespeare Martineau—10 newly qualified solicitors

Shakespeare Martineau—10 newly qualified solicitors

Shakespeare Martineau appoints newly qualified solicitors

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Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
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