Lecture notes
Family Law and Practice WS10 D2
- Module
- Family Law
- Institution
- City University (City)
Family Law and Practice WS10 D2
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LEGAL PRACTICE COURSEFamily Law
Workshop 10
Post-Session – Answers to Child Support Agency Problems
___________________________________________________________________________
1. You are consulted by Shelley who tells you the following:
Jason lived with Shelley and her four children for three years. Rose aged 6 years is Shelley's
daughter by a former relationship with Gary. Emily and Britney are two year old twins. Jason is
their father. Michael is eight months old but Jason does not believe he is Michael's father. Jason
moved out of Shelley's flat three weeks ago and does not propose to return to live with her and
the children.
Shelley is claiming income support. Jason has told Shelley that he will send her some money as
soon as he 'sorts himself out.' He says he has a good chance coming up of making some
serious money and he will see her all right. Jason tells Shelley that she must not give anyone
the details of his whereabouts. Shelley knows Jason is living in Wapping but does not have an
address. She suspects he may be living with his brother in a property off The High Road.
Shelley knows that Jason has a past history of violence although he has never been violent to
her or the children.
A. What are Jason's obligations, if any, to the four children?
To be liable the children must be qualifying children.
A child is defined by s55 CSA 1991 as person under the age of 16 or 20 if in fulltime (non
advanced) education.
Here, all the children are under 16. Qualifying child is child defined in s3(1) as a child who is not
resident with one or both parents. Jason is not living with Shelley and the children.
Does he have any liability for Rose, Emily & Britney?
A parent is a natural or adoptive parent of the child.
Jason is the natural father of Emily and Britney but not Rose.
The qualifying children are thus Emily and Britney and as they are his children. Jason is
responsible for financially maintaining them.
Does he have any liability for Michael?
Michael’s parentage is the subject of dispute.
Although there is no requirement that the father knows he is the father of a child to
become liable for CSA, the CSA cannot make a financial assessment in respect of
Michael unless Jason is registered as the father, was married to Shelley from conception
to birth or has refused a paternity test (s26 CSA 1991).
The CSA can ask both parents to take a DNA test. A fee is payable. If Jason refuses, it
will be necessary to apply to the court for a “declaration of parentage”. The court will
decide whether a DNA is needed.
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