Lecture notes
Family Law and Practice WS10 D2
- Module
- Family Law
- Institution
- City University (City)
Family Law and Practice WS10 D2
[Show more]
Content preview
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.
docs_747841914.docx 1/4 © City, University of London 2019
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller law-notes. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for £2.99. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
53068 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy revision notes and other study material for 14 years now