Q&As

What steps can a paying parent take to enforce provision contained in a consent order for the claw-back of payments of statutory child support made via the Child Maintenance Service against the recipient parent?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 17/06/2019

The following Family Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • What steps can a paying parent take to enforce provision contained in a consent order for the claw-back of payments of statutory child support made via the Child Maintenance Service against the recipient parent?

What steps can a paying parent take to enforce provision contained in a consent order for the claw-back of payments of statutory child support made via the Child Maintenance Service against the recipient parent?

Save in certain cases such as where the paying party is based outside of the jurisdiction or their earnings are sufficient to warrant utilisation of the ‘top up’ provisions, the Family Courts have limited powers to make orders for periodical payments for the benefit of a child. This jurisdiction is instead conferred on the Child Maintenance Service (CMS) pursuant to the Child Support Act 1991 (CSA 1991), as amended. Therefore, where an order is made by the court with the consent of the parties for child periodical payments, it is open to either party to apply for a CMS

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