Q&As

Can the court make an order within financial proceedings, or otherwise take into account, overpayments of child maintenance made under a statutory child support assessment?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on: 31 October 2018
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Save in limited circumstances, the court has no Jurisdiction in respect of Child maintenance which is governed by the Child Support Act 1991 as amended. The powers of the court in Financial remedy proceedings are limited to orders for periodical payments (including secured periodical payments), lump sums, property adjustment and pension orders. The court can also make interim orders such as for Maintenance pending suit or legal costs orders. See the following Practice Notes:

  1. Financial proceedings—orders that can be made by the court

  2. Child support—respective jurisdictions of the Child Maintenance Service and the court

  3. Child maintenance and financial provision—spouses and civil partners

The court therefore cannot, per se, order the return of overpayments of child maintenance made under

Chris Bryden
Chris Bryden

Chris was called to the Bar in 2003 and since that time has built a busy practice across a range of areas, with an emphasis on Chancery practice. He enjoys a well-deserved reputation for his knowledge and expertise in each area. He appears regularly in the County Court, Family Court and the High Court as well as various specialist Tribunals, and has been involved in cases up to and including the Supreme Court. He regularly is instructed at Appellate level. He has extensive and wide-ranging experience particularly in the areas of wills, probate and inheritance disputes; property including adverse possession, boundary disputes and issues arising out of trusts of land; company and commercial work and financial remedies. Chris is head of the Family Group and head of the Property Team at 4KBW.

Chris is the author of numerous articles in publications such as the New Law Journal, Counsel and Family Law, amongst many other titles, and is the co-author of Social Media in the Workplace: A Handbook (2015, Jordan Publishing).

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Jurisdiction(s):
United Kingdom
Key definition:
Child maintenance definition
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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