GLOSSARY

Child maintenance definition

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What does Child maintenance mean?

A payment made (usually by a parent) to the other parent for outgoings relating to a child or children. Child maintenance may be paid on a voluntary and agreed basis, via the Child Maintenance Service (CMS) or in limited circumstances ordered by the court (also known as 'child periodical payments' or 'child support').

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Child support—general considerations

Child support—general considerations This Practice Note details the jurisdiction in relation to child support, via the Child Maintenance Service (CMS), and in limited circumstances via the courts. The courts may have jurisdiction to make or vary orders for maintenance for children, for example, where the payer’s income exceeds a specified amount and a top-up order may be made, or where a child has a disability or special needs. The statutory child support scheme is also considered. It is primarily concerned with the children of spouses/civil partners or former spouses/civil partners. For practical guidance in relation to the children of cohabitants or former cohabitants, see also Practice Notes: Statutory child support scheme and Maintenance provision for children under Schedule 1 to the Children Act 1989. Regarding the jurisdiction of the courts generally to make orders in financial order proceedings on divorce or dissolution, see Practice Note: Financial proceedings—orders that can be made by the court. Jurisdiction The statutory scheme With effect from April 1993, maintenance for children, whose parents lived apart, was determined by the Child Support Agency (CSA), as established by the Child Support Act 1991 (CSA 1991) (as amended). Subsequently the Child Maintenance and Enforcement Commission (C-MEC) was established by the Child Maintenance and Other Payments Act 2008 (CMOPA 2008) until August 2012. In August 2012, statutory child maintenance came under the auspices of the Department of Work and

Appeals—Austria—Q&A guide [Archived, 2021 edition]

Appeals—Austria—Q&A guide [Archived, 2021 edition] This Practice Note contains a jurisdiction-specific Q&A guide to appeals in Austria published as part of the Lexology Getting the Deal Through series by Law Business Research (published: April 2021). Authors: Heinisch Weber Rechtsanwälte—Lukas Weber; Katrin Heinisch 1. Outline and explain the general structure of your country’s court system as it relates to the commercial appellate process. Civil and commercial law disputes, including insolvency proceedings, fall within the jurisdiction of the civil-court system. All civil courts are federal. There are four levels of civil courts: • 116 district courts; • 20 regional courts; • four courts of appeals; and • one Supreme Court. There are, however, a maximum of three stages of proceedings; either district courts or superior courts serve as courts of first instance, depending on the nature of the claim (eg, divorce law, child maintenance, action for trespass or tenancy law) and the amount in dispute (below €15,000 district courts, above this regional courts). Regional courts or courts of appeals serve as appellate courts, depending on whether the court of first instance was a district court or a regional court. In limited cases where a third stage of appeal is admitted, the Supreme Court in Vienna always serves as last resort. Within the court system there are some highly specialist judges and panels of judges responsible for handling certain kinds of disputes (eg, commercial law, civil law, labour law or

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Financial disclosure and Form E—client guide

Financial disclosure and Form E—client guide This document provides general guidance regarding financial disclosure. Your family lawyer will be able to provide specific advice based on your circumstances. What is financial disclosure? Financial disclosure is the process of giving your spouse or partner, and the court, full details of your personal financial circumstances and your future needs and resources. It is usually the first thing your family lawyer will ask you to do, as they will be unable to advise you properly about the likely outcome of your case without having a full picture of where both you and your spouse/partner are placed financially. In financial matters, disclosure is essential whatever process you intend to use to achieve a solution: in or out of court. If you do start to use the court process the court will order both you and your spouse/partner to a complete financial statement (a form called Form E) before the first court hearing. In non-court processes such as mediation, collaborative law or arbitration, you are likely to be asked to use a similar document. Why is financial disclosure necessary? Both you and your spouse/partner need to have full financial information before you can agree how your financial arrangements should be separated out, as the law says that the available resources must be split fairly. It is not possible for you, your lawyers or a court to

Standard order 1.1—financial directions order—longer version

Standard order 1.1—financial directions order—longer version In the Family Court Sitting at [Court name] No: [Case number] [ The Matrimonial Causes Act 1973 OR The Civil Partnership Act 2004 OR The Child Support Act 1991 OR Schedule 1 to the Children Act 1989 OR The Inheritance (Provision for Family and Dependants) Act 1975 OR The Matrimonial and Family Proceedings Act 1984 and Schedule 7 to the Civil Partnership Act 2004 OR The Trusts of Land and Appointment of Trustees Act 1996 OR The Married Women’s Property Act 1882 and ss 67, 68 and 74 of the Civil Partnership Act 2004 ] OR The [Marriage OR Civil Partnership OR Relationship OR Family] of [applicant name] and [respondent name] After hearing [name the advocate(s) who appeared] After consideration of the documents lodged by the parties [After reading the statements and hearing the witnesses specified in para [para number] of the Recitals below] Order made by [name of judge] on [date] sitting in [open court OR private OR at a [first directions appointment OR financial dispute resolution appointment OR case management hearing OR WARNING: IF YOU DO NOT COMPLY WITH THIS ORDER, YOU MAY BE HELD TO BE IN CONTEMPT OF COURT AND YOU MAY BE SENT TO PRISON, BE FINED, OR HAVE YOUR ASSETS SEIZED. [ The parties 1 The applicant is [applicant name] The [first] respondent is [respondent name] [The intervener is [intervener’s names] Further respondent[s]: [further respondents’ names]] [Specify if any party acts by a litigation friend] Definitions 2 Children of the

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Where a payer of child maintenance receives a pension lump sum from their private pension which is listed on their P60 as gross salary, but is then adjusted as a tax-free amount, will receipt of that sum affect the Child Maintenance Service calculation of child maintenance payable?

Where a payer of child maintenance receives a pension lump sum from their private pension which is listed on their P60 as gross salary, but is then adjusted as a tax-free amount, will receipt of that sum affect the Child maintenance Service calculation of child maintenance payable? A non-resident parent is obliged to pay to the resident parent in respect of a qualifying child maintenance calculated by the Child Maintenance Service (CMS) by reference to the gross income of the former. The CMS is a statutory body which works out, collects and pays out child maintenance payments as is necessary. Where the CMS is tasked with working out child maintenance, it will determine the yearly gross income of the paying parent, and convert it to a weekly figure, then apply a formula based upon that gross weekly income. Various types of different income may or may not be taken into consideration when calculating the gross weekly income. The manner in which this calculation is carried out is set out in the Child Support

Where an order is made providing for periodical payments for the benefit of a child while the child remains in tertiary education, is the order only enforceable for a period of 12-months or can it be enforced after the 12-month period has expired?

Where an order is made providing for periodical payments for the benefit of a child while the child remains in tertiary education, is the order only enforceable for a period of 12-months or can it be enforced after the 12-month period has expired? By virtue of the provisions of the Child Support Act 1991 (CSA 1991), the courts retain jurisdiction to make or vary orders for maintenance of children in, inter alia, the following circumstances: • a court order was made after 3 March 2003 and it is less than 12 months' old • the parties have agreed a maintenance figure and want that agreement made into an order (in most cases, this means that child maintenance has been provided in a consent order to be submitted to the court for approval and sealing) CSA 1991, s 4(10aa) provides that: ‘[(10) No application may be made [to the Child Maintenance Service] at any time under this section with respect to a qualifying child or any qualifying children if— […] [(aa) a maintenance order made on or after the date prescribed for the purposes of paragraph (a) is in force in respect of them, but has been so for less than the period of one year beginning with the date on which it was made; or]…’ ie where a maintenance

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