The following Family guidance note provides comprehensive and up to date legal information covering:
This Practice Note is impacted by the decision of the UK on 23 June 2016 to leave the EU. This has implications for practitioners considering which courts have jurisdiction to determine a dispute. For guidance, see Practice Note: Brexit and family law. This Practice Note sets out the current position on child maintenance provisions via the court.
While the courts do not have the power to make, vary or revive child maintenance orders where the Child Maintenance Service (CMS) has jurisdiction, they do retain jurisdiction to make such orders under a variety of legislative provisions in specific circumstances, including to reflect an agreed order. Some provisions are limited to applications in relation to children where the parents married or entered into a civil partnership (ie, under the Matrimonial Causes Act 1973 (MCA 1973) or the Civil Partnership Act 2004 (CPA 2004)). Other remedies apply more widely, in particular under Schedule 1 to the Children Act 1989 (ChA 1989). Residual powers also arise from section 8 of the Child Support Act 1991 (CSA 1991), ie the court’s ability to make a ‘top up’ order, provision for school fees or for expenses arising from a disability, or to reflect an agreement between the parties. The death of a parent may also give rise to an application for maintenance from the estate of the deceased, ie
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
0330 161 1234