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Summaried family law lpc notes
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Summaried family law lpc notes
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Child MaintenanceChild Support Acts (CSA) 1991 & 1995
Child Support, Pensions & Social Security Act (CSPSS) 2000
Child Maintenance & Other Payments Act 2008
Welfare Reform Act 2012
CSA 1991 (as amended) still the governing Act
Child Maintenance Service (2012 scheme from 2008 Act which replaced the other schemes)
Child Support Maintenance (Calculation) Regulations 2012
Fee to join the scheme or applicant sorts it out themselves (victims of domestic violence &
under 19s don’t pay the fee)
Most cases not dealt with by judge
S8(3) CSA 1991 “… no court shall exercise any power which it would otherwise have to make,
vary or revive any maintenance order in relation to the child & non-resident parent
concerned.”
S1(1) CSA 1991 – where agency would have jurisdiction to deal with a matter
CMS’s jurisdiction
S55 CSA 1991 – Child & assorted regulations = under 16 or 20, single & the subject of child
benefit or in full time non-advanced education
Qualifying Child (QC) = 1 or both their parents are non-resident (S3(1)) – Jonah QC, Bryony
QC – she enrolled in boarding school
Non-Resident Parent (NRP) (paying parent) = parent who is not living in the same household
as child & child lives wither another person with care (S3(2)) – Ababella non-resident as she
lives In Amsterdam
Person With Care (PWC) (receiving parent) = person with who the child has a home &
receives day to day care from them – Maurice lives with children
Not local authorities or foster parents (S3(3))
Qualifying child, person with care & non-resident parent must all be habitually resident in UK
(S44)
CMS will retain jurisdiction if the non-resident works abroad as a civil servant, armed forces
member or works for UK based company
Application to CMS
The person with care or the non-resident parent of a qualifying child may apply to CMS for a
maintenance calculation (S4)
Under S4(10) a person is barred from applying if a) there’s a written maintenance agreement
before CSA 1991, b) there’s a court maintenance order which was made before a prescribed
date (3 March 2003)
If there’s a maintenance order made on or after prescribed date - bar only for 1 year
May prefer to enter into a maintenance agreement with other party (not legally binding)
(S9(2)) – can be made into court order under S8(5) CSA 1991
How to pay maintenance:
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