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Summarised family law lpc notes
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Summarised family law lpc notes
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Miscellaneous issues with the CMSDefault decisions
Default maintenance decisions where there is insufficient information
punitive aspect if NRP has failed to co-operate - this will not be
revisited, in the payer’s favour, if after co-operation and a proper
calculation, the default one proves to have been excessive
the amounts are £39, 51 or 64pw depending on no of QCs
Alternatively they can use official statistics to reach a Best Evidence
Assessment
Collection and Enforcement
Amendments under WRA 2012 mean that only the PWC may apply for
collection of the maintenance once it has been calculated and, under
the new s4(2A) CSA 1991, the CMS will only collect if the NRP agrees or
the CMS decides the maintenance is otherwise unlikely to be properly
paid.
Deduction from earnings order (s31)
employed people - decision to impose taken by the CMS without
the need to go to court
may be used even if there are no arrears
employer must deduct amount and pay to CMS
Regular or Lump sum Deductions from bank accounts (s32A & 32E)
Liability order (s33)
available where a payment has been missed on application by the CMS
to the magistrates court
applicable where deduction from earnings not applicable (eg self-
employed) or been ineffective
1
, the only role of the magistrates is to determine if a payment has been
missed and they are the person required to pay it – so if the CMS didn't
have jurisdiction the magistrates must still make the order
once obtained
allows seizure and sale of goods
or
an application to the county court for a third party debt or
charging order
Under the 2012 scheme the CMS can issue an Administrative Liability
Order without making any application to the magistrates court
Commitment to prison and Disqualification from driving
sanction if there is a liability order and other means of enforcing
it have failed
court has to be convinced there has been “wilful refusal or
culpable neglect”
application is for whichever of the two the magistrates court
considers appropriate
Other 2012 penalties if liability order etc has not worked
Disqualification from holding or obtaining a passport
Curfew Order between 2-12 hours per day
Criminal offence
s14A CSA 1991 - may be fined for failing to provide information
without reasonable excuse or providing false information
Avoidance of Disposition (s32L)
the CMS (not the parent) can get an order where there has been
a failure to pay maintenance and someone is about to make a
disposition, transfer out of the jurisdiction or otherwise deal with
property and they can get an order to set aside a reviewable
transaction (a similar power to s37MCA)
Disputed parentage
2
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