Wills & Trusts Law Reports | Summer 2021 #183The claimants, being the children of the deceased, brought a claim for provision under the Inheritance (Provision for Family and Dependants) Act 1975. The deceased, their father, had been diagnosed with an incurable lung disease in 2004. The claimants’ parents had divorced in 2012. Their mother remarried shortly thereafter and relocated with the claimants to Scotland. The father had maintained weekly telephone contact with the claimants for a short period, but had paid no maintenance or child support, with the mother and her new husband paying for the claimants’ priv...
Patricia Robinson and David Wilkinson consider the significance of shared care, contact arrangements and the receipt of child benefit in relation to statutory child maintenance assessments ‘The First-tier Tribunal had muddled its approach towards the meaning of “day-to-day care”, as set out in Reg 50, with the Upper Tribunal clarifying that responsibility for overnight care …
Continue reading "Child support: Dual homes"
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Vanessa McMurtrie and Catherine Poleykett comment on the decision in Green v Adams and the interaction between applications under Sch 1 to the Children Act 1989 and maintenance assessments ‘The evolution of the child maintenance legislation is not a happy one, and it is remarkable how far successive governments have managed to stray from the …
Continue reading "Child Support: A change for the worse"
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Marwa Hadi looks at the latest developments in statutory child support ‘The aim is that cases using the CSA1 and CSA2 schemes are to be transferred to the new scheme and that the Child Support Agency will be gradually closed.’ It started with the best of intentions, and the concept enjoyed universal support, but the …
Continue reading "Child Support: New rules"
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Chris McIntosh analyses the overhaul of the child support system One of the bugbears with the current system is enforcement of maintenance payments and arrears – it is intended that the new system will simplify and strengthen the enforcement armoury. In July 2012, the coalition government published a public consultation document, ‘Supporting Separated Families; securing …
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Melanie Barnes and James Pirrie set out the case for private child maintenance agreements and less state intervention ‘Where private agreements are made, a parent only has a right to apply for enforcement where the court retains jurisdiction, or until such time as an application is accepted by the CSA.’The government, in support of its …
Continue reading "Child Support: Widening options"
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Emma Mould discusses options when dealing with child support issues ‘A contract can clearly only come about where the parties can agree the terms and it will need to be carefully crafted to have the desired effect/s. This will undoubtedly take time and expertise to put together so it is not necessarily a quick, cheap …
Continue reading "Child Support: Ties that bind"
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