Periodical payments for children

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Declaration of parentage declined on public policy grounds (Re H v R and another (Attorney General for England and Wales intervening))

The following Family news provides comprehensive and up to date legal information on Declaration of parentage declined on public policy grounds (Re H v R and another (Attorney General for England and Wales intervening))

From chaos comes order—High Court provides procedural guidance on challenging a financial remedy arbitral award (A v A (arbitration guidance))

The following Family news provides comprehensive and up to date legal information on From chaos comes order—High Court provides procedural guidance on challenging a financial remedy arbitral award (A v A (arbitration guidance))

Guidance on the use of the resolutions model within public law proceedings (Re J (A Child) (Resolutions Model))

The following Family news provides comprehensive and up to date legal information on Guidance on the use of the resolutions model within public law proceedings (Re J (A Child) (Resolutions Model))

Non-matrimonial inherited assets accrued post-separation balanced against the needs of a party with declining health and limited life expectancy (ND (by her litigation friend) v GD)

Featured Family content

Making a complaint to the Pensions Ombudsman—what is involved?

Making a complaint to the Pensions Ombudsman—what is involved?As a result of the transfer of The Pensions Advisory Service (TPAS)’s dispute resolution...

Interim orders in public children proceedings

Interim orders in public children proceedingsThis Practice Note sets out the requirements in relation to interim orders in public children proceedings...

Notice of acting

Case number [insert number][In the principal registryORIn the [insert court location] FAMILY court]Sitting at [insert place]Notice of...

The no order principle

The no order principleThis Practice Note explains the no order principle contained in section 1(5) of the Children Act 1989 (ChA 1989). It explains...

Practice notes

Pension attachment orders

Pension attachment ordersThe power to make pension attachment orders (previously referred to as earmarking orders) arises from the insertion of...

Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 19th May

Practice notes

Private children—paramountcy of the child's welfare

Private children—paramountcy of the child's welfareThe paramountcy principleWhen any court determines any question with respect to:•the upbringing of...

19th May

Practice notes

The grounds on which a marriage is voidable

The grounds on which a marriage is voidableA decree of nullity granted after 31 July 1971 in respect of a voidable marriage operates to annul the...

19th May

Practice notes

Statements of truth in family proceedings

Statements of truth in family proceedingsDocuments that must be verified by a statement of truth in family proceedingsThe provisions regarding...

19th May

Practice notes

Capitalised maintenance—Duxbury calculations

Capitalised maintenance—Duxbury calculationsThe basis of Duxbury calculationsA Duxbury calculation is an actuarial calculation designed to identify...

19th May

Q&As

‘Associated persons’ as defined in section 62(3) of Family Law Act 1996 includes people who have, or have had, an intimate personal relationship with each other which is or was of significant duration. How is ‘significant duration’ defined and how long is considered significant?

‘Associated persons’ as defined in section 62(3) of Family Law Act 1996 includes people who have, or have had, an intimate personal relationship with...

19th May

Practice notes

Desertion

DesertionThe Family Procedure Rules 2010, SI 2010/2955 (FPR 2010) have introduced a change in the terminology in divorce proceedings. There are...

19th May

Q&As

Can a Sears Tooth agreement be entered into in relation to proceedings under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996)?

Can a Sears Tooth agreement be entered into in relation to proceedings under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 19th May

Practice notes

Sears Tooth agreements

Sears Tooth agreementsThe Family Procedure Rules 2010, SI 2010/2955, 1.1 sets out the overriding objective, including that dealing with a case justly...

19th May

Practice notes

The ground for divorce

The ground for divorceBar on petition for divorce within one year of marriageA petition for divorce cannot be presented to the court before the...

19th May

Practice notes

Applications under the Protection from Harassment Act 1997

Applications under the Protection from Harassment Act 1997Coronavirus (COVID-19): Guidance has been issued, including by HMCTS, regarding proceedings...

19th May

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The Solicitors Regulation Authority (SRA) regime 2019 for family lawyers

The Solicitors Regulation Authority (SRA) regime 2019 for family lawyersFrom 25 November 2019, the Solicitors Regulation Authority (SRA) Standards and...

19th May

Practice notes

Reports under section 37 of the Children Act 1989

Reports under section 37 of the Children Act 1989Under section 37 of the Children Act 1989 (ChA 1989), the court has the power to order an...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 19th May

Practice notes

Freezing orders (Mareva)—family proceedings

Freezing orders (Mareva)—family proceedingsA freezing order (formerly termed a Mareva injunction or order) is an interim injunction restraining a...

Produced in partnership with David Salter of Deputy High Court judge and Recorder 19th May

Practice notes

General principles—lump sum orders

General principles—lump sum ordersThis Practice Note sets out the general principles to be applied by the court when considering whether to make a...

19th May

Practice notes

Application to vary, extend or discharge a non-molestation or occupation order

Application to vary, extend or discharge a non-molestation or occupation orderCoronavirus (COVID-19): Guidance has been issued, including by the...

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COVID-19

Most recent Periodical payments for children content

Precedents

Financial arrangements for children—client guide

Financial arrangements for children—client guideThis document provides general guidance regarding financial provision for children. Your family lawyer...

22nd Jun

Q&As

Where a parent with care (PWC) no longer satisfies the definition of a PWC, as set out in section 3(3) of the Child Support Act 1991, do they have a duty to inform the Child Maintenance Service (CMS) of this, and if so, on what authority?

Where a parent with care (PWC) no longer satisfies the definition of a PWC, as set out in section 3(3) of the Child Support Act 1991, do they have a...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 5th Jun

Q&As

Can a parent (in divorce proceedings and before a final order has been made regarding financial matters) apply to the court for a child maintenance order for a child who is over the age of 18 while that child is at university (or intending to go to university), as opposed to only the child being able to make the application? Would a child maintenance cover a first degree and a masters course, if that followed on immediately after the first degree course? Would the child be able to seek maintenance for multiple degree courses?

Can a parent (in divorce proceedings and before a final order has been made regarding financial matters) apply to the court for a child maintenance...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 5th Jun

Q&As

A parent earns overseas income which is not included in their UK tax return, as well as UK income. Will the overseas income be treated as income for the purposes of a statutory child support calculation by the Child Maintenance Service (CMS)? If so, does the parent have a duty to disclose the overseas income to the CMS?

A parent earns overseas income which is not included in their UK tax return, as well as UK income. Will the overseas income be treated as income for...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 5th Jun

Q&As

Can a child maintenance claim be made for a child who is age 17 where the parents agreed that a claim would not be made, and the child sometimes splits their time equally between the parents?

Can a child maintenance claim be made for a child who is age 17 where the parents agreed that a claim would not be made, and the child sometimes...

5th Jun

Q&As

Can a mother of a disabled child seek periodical payments under Schedule 1 to the Children Act 1989 to cover the cost of the mortgage repayments on the family home?

Can a mother of a disabled child seek periodical payments under Schedule 1 to the Children Act 1989 to cover the cost of the mortgage repayments on...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 5th Jun

Q&As

If there is a child maintenance order in place, and one party then obtains an assessment by the child maintenance service invalidating the terms of the order, and the assessment is less than the amount of maintenance being paid by the non-resident parent under the terms of the order, can an application be made under Schedule 1 to the Children Act 1989 where the original order included provision up until first degree level?

If there is a child maintenance order in place, and one party then obtains an assessment by the child maintenance service invalidating the terms of...

5th Jun

Q&As

A paying parent’s gross income is less than £156,000 per annum, but they also receive a transport allowance, shares and bonuses. Which of those benefits, if any, will a Child Maintenance Service calculation take into account? Will those benefits be taken into account as to the jurisdiction of the court to make a ‘top-up’ order, and would the court then have regard to any of those benefits when calculating the amount of a top up order?

A paying parent’s gross income is less than £156,000 per annum, but they also receive a transport allowance, shares and bonuses. Which of those...

5th Jun

Q&As

When conducting a child maintenance calculation, will the child maintenance service take into account unearned income such as rental income?

When conducting a child maintenance calculation, will the child maintenance service take into account unearned income such as rental income?In...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 5th Jun

Q&As

Two women, who were not married or in a civil partnership, had a child through in vitro fertilisation via a licensed clinic. The first woman provided the eggs and carried the child and both women are named on the child’s birth certificate. Where the first woman is the parent with care, is the other woman liable to pay child support?

Two women, who were not married or in a civil partnership, had a child through in vitro fertilisation via a licensed clinic. The first woman provided...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 5th Jun

Q&As

Are there any recently reported cases in relation to an application for periodical payments under Schedule 1 to the Children Act 1989 for the benefit of a child, where the maximum assessment for statutory maintenance under the Child Support Act 1991 has not been met, but the child has a disability for which disability living allowance is received?

Are there any recently reported cases in relation to an application for periodical payments under Schedule 1 to the Children Act 1989 for the benefit...

5th Jun

Q&As

Where a child will be attending boarding school, is there any guidance on how to calculate the amount of child maintenance to be paid? Will a deduction be made from the calculation to reflect that the child will not be living with either parent during term-time? One parent will be paying 100% of the school fees and all other expenses. During the holidays the child will be staying with both parents, but potentially not on an equal basis.

Where a child will be attending boarding school, is there any guidance on how to calculate the amount of child maintenance to be paid? Will a...

5th Jun

Q&As

Where the parties have reached an agreement regarding child maintenance and wish an order to be by consent made reflecting that agreement, will a maximum Child Maintenance Service (CMS) calculation be required for the court to make a top-up order? Where the paying party’s income is such that it would result in a maximum CMS calculation, if one were made, will the consent order need to include a separate order as to child maintenance plus a top-up order as security?

Where the parties have reached an agreement regarding child maintenance and wish an order to be by consent made reflecting that agreement, will a...

5th Jun

Q&As

Can the applicant within proceedings as to financial provision on divorce, or under Schedule 1 to the Children Act 1989, seek an order that the applicant themselves pays child maintenance?

Can the applicant within proceedings as to financial provision on divorce, or under Schedule 1 to the Children Act 1989, seek an order that the...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 5th Jun

Q&As

A child periodical payments order was made (in a consent order on divorce), to end on the child completing their secondary education or attaining the age of 18, and has now lapsed. Can the child now apply for provision for their tertiary education? Does paragraph 2(3) of Schedule 1 to the Children Act 1989 prevent such an application being made? If the child cannot apply, can the parent with care apply on their behalf?

A child periodical payments order was made (in a consent order on divorce), to end on the child completing their secondary education or attaining the...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 5th Jun

Q&As

Is a child maintenance order included in a financial order by consent still enforceable after 12 months?

Is a child maintenance order included in a financial order by consent still enforceable after 12 months?The court has limited jurisdiction to deal...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 5th Jun

Q&As

If a non-resident parent (NRP) is in receipt of state pension and private pension income and has shared care of the children then the Child Maintenance Service (CMS) online calculation suggests a nil rate. If an NRP is receiving state pension are other income streams ignored?

If a non-resident parent (NRP) is in receipt of state pension and private pension income and has shared care of the children then the Child...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 5th Jun

Q&As

Where an order has been made for child maintenance to be paid until the completion of secondary education, can the child subsequently make an application for maintenance if they then decide to go to university?

Where an order has been made for child maintenance to be paid until the completion of secondary education, can the child subsequently make an...

Produced in partnership with Tori Adams of 4 King’s Bench Walk 5th Jun

Q&As

Are there any circumstances in which a connection will be made between the payment of child maintenance and contact between the paying parent and the child, in particular where contact is being prevented by the parent with care?

Are there any circumstances in which a connection will be made between the payment of child maintenance and contact between the paying parent and the...

5th Jun

Q&As

Where parties agree a clean break upon divorce, what is the position with regard to child maintenance, and will that continue to be paid?

Where parties agree a clean break upon divorce, what is the position with regard to child maintenance, and will that continue to be paid?A clean break...

Produced in partnership with Ruth Cabeza of Harcourt Chambers 5th Jun

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Periodical payments for children

View Family by content type:

Latest Family News

Declaration of parentage declined on public policy grounds (Re H v R and another (Attorney General for England and Wales intervening))

From chaos comes order—High Court provides procedural guidance on challenging a financial remedy arbitral award (A v A (arbitration guidance))

Guidance on the use of the resolutions model within public law proceedings (Re J (A Child) (Resolutions Model))

Non-matrimonial inherited assets accrued post-separation balanced against the needs of a party with declining health and limited life expectancy (ND (by her litigation friend) v GD)

Featured Family content

Making a complaint to the Pensions Ombudsman—what is involved?

Interim orders in public children proceedings

Notice of acting

The no order principle

Most recent Periodical payments for children content

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