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How will the Child Maintenance Service treat the other parent’s dividends?

It is often the case that self employed business owners will arrange to be paid a salary at or around the level of the tax free annual allowance. They will then receive a dividend (being a share of the profits) which will usually only be declared once a year. How...

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Child maintenance and court orders for financial support of children

When can you apply to the court for financial support of children? There is a statutory system in the UK which will arrange to calculate and if necessary, collect maintenance payments for children from their non resident parent. This is currently administered by the Child Maintenance Service (CMS). If the...

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Child Maintenance for High Earners – Going Beyond the Formula

This is the second part of my analysis of Mr Justice Mostyn’s decision in the appeal of TW and TM (minors), part one of which can be found here (Child Maintenance Orders made in Court). The second ground of appeal related to the amount of maintenance which the father was...

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Child Maintenance Orders made in Court

The case of TW & TM (minors) is an interesting judgement of Mr Justice Mostyn in the High Court, deciding the appeal of a non-resident father against orders for child maintenance in relation to his two children. There were two substantive points of appeal which were decided. Over the next...

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Childcare Costs – A Note on Tax Credits, Childcare Vouchers and the new Tax Free Scheme

There is a new childcare tax break on the horizon: Tax-Free Childcare was announced by the Coalition government and was anticipated for introduction in autumn 2015. However, following a legal challenge the scheme was put on hold until the court ruled it is lawful to proceed. In its latest form...

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Keeping it in the family

Does anyone recognise family based arrangements for child maintenance? For those who have been within the statutory child maintenance scheme, with either the Child Support Agency (CSA) or Child Maintenance Enforcement Commission (CMEC) will be receiving notification that their child maintenance arrangement will be ending. When they get that notice...

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Time is a healer – unless you prosper

This month we saw the extraordinary facts of the case called Wyatt v Vince [2015] UKSC14 hit the headlines when Ms Wyatt succeeded in her appeal against her former husband. Not strictly a case now revolving around financial support for children (although it features), but a timely reminder to take...

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Where has everyone gone?

Latest statistics published today suggest that people may not be getting over extra hurdles put between them and challenging their statutory child maintenance calculation to appeal. Under the newest ‘gross income’ formula of statutory child maintenance, if a parent disagrees with the basis of a calculation provided to them, if they want...

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Shared care disputes will be as divisive as ever in child maintenance cases

Since the child maintenance formula provided for discount for the paying parent who had overnight care of the children, ‘day counting’ has been a key factor in many child maintenance cases – and, sadly, many child contact arrangements. Under the new formula, new rules have made this an even more...

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When is a lump sum bonus not a lump sum bonus?

When you are dealing with child maintenance, that’s when. Just a short note this time to remind you as to the treatment of bonuses when dealing with child maintenance. For those that receive them, bonuses are more often than not, awarded annually.  When dealing with financial settlements, that recently received...

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