Archive for the 'child support' Category

More fathers jailed over child support – The Independent

“Growing numbers of fathers are being sent to prison for missed child maintenance payments, prompting complaints that the sentences are disproportionate and undermine any chance of dads supporting their children.”

Full story

The Independent, 10th April 2011

Source: www.independent.co.uk

Child Maintenance and Enforcement Commission v Beesley and another – WLR Daily

Child Maintenance and Enforcement Commission v Beesley and another [2010] EWCA Civ 1344; [2010] WLR (D) 304

“The Child Maintenance and Enforcement Commission was not a creditor of a non-resident parent of a child, who was in arrears as to payment of child support and had other debts, and was therefore not capable of being bound by his individual voluntary arrangement within the meaning of s 260(2)(b) of the Insolvency Act 1986.”

WLR Daily, 29th November 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Court rules UK child maintenance laws discriminated against same-sex couples – The Guardian

“The European Court of Human Rights has declared that rules on child maintenance prior to introduction of the Civil Partnership Act discriminated against those in same-sex relationships.”

Full story

The Guardian, 30th September 2010

Source: www.guardian.co.uk

Lesbian mother cannot be forced to pay maintenance – Daily Telegraph

“A lesbian whose former partner bore a child through artificial insemination cannot be ordered to pay any maintenance, a High Court judge ruled today.”

Full story

Daily Telegraph, 17th June 2010

Source: www.telegraph.co.uk

Reprieve for ‘hero’ father over Child Support Agency demand – Daily Telegraph

“The Child Support Agency has issued a reprieve to a ‘hero’ father whose daughter was threatening legal action over its treatment of him.”

Full story

Daily Telegraph, 10th January 2010

Source: www.telegraph.co.uk

Child support investigators get new spying powers – Daily Telegraph

“The agency responsible for tracing absent parents is to be given access to phone and email records for the first time, under Home Office rules.”

Full story

Daily Telegraph, 4th November 2009

Source: www.telegraph.co.uk

Why the CSA must target parents who avoid maintenance – The Times

“Janet Paraskeva explains why new powers are not threatening anyone’s civil liberties.”

Full story

The Times, 30th April 2009

Source: www.timesonline.co.uk

Child Support Agency: tough new line leaves parents few appeal rights – The Times

“I have spent most of the past ten years representing parents, mostly women, trying to recover ever-increasing arrears of maintenance from the Child Support Agency.”

Full story

The Times, 26th February 2009

Source: www.timesonline.co.uk

Family barristers voice concerns over impact on women of cuts in legal help for vulnerable families and children – The Bar Council

“Government plans to cut legal help for vulnerable families and children have been greeted with concern by family barristers. The proposals are likely to impact on women trying to secure financial support for themselves and their children from ex-husbands who seek to hide assets.”

Full press release

The Bar Council, 12th February 2009

source: www.barcouncil.org.uk

Absent parents who don’t pay maintenance could lose passports – The Times

Child maintenance officials will be able to confiscate driving licences and passports from ‘deadbeat dads’ without going to court, under legislation going before Parliament this week.”

Full story 

The Times, 26th January 2009

Source: www.timesonline.co.uk

New child support body will continue old failures, lawyers warn – The Independent

“The Child Support Agency (CSA) has ignored a government watchdog’s orders to compensate parents let down by its “inadequacy and negligence”. The agency has exploited a legal loophole to avoid reimbursing families left without financial support, in some cases for more than a decade, after it failed to chase payments properly.”

Full story

The Independent, 2nd November 2008

Source: www.independent.co.uk

Single parents face seven-year wait for child support – The Times

“Thousands of single mothers awaiting maintenance payments from absent fathers may have to hold on until 2015 before the successor to the Child Support Agency processes their cases.”

Full story 

The Times, 27th October 2008

Source: www.bbc.co.uk

Infertile man forced to pay for child he claims isn’t his – Daily Telegraph

“An infertile man had to pay more than £8,000 to the Child Support Agency for a child he claims can’t be his.”

Full story

Daily Telegraph, 10th July 2008

Source: www.telegraph.co.uk

Climbie worker made a ‘scapegoat’ – BBC News

“Victoria Climbie’s social worker has accused officials at London’s Haringey Council of the UK’s ‘worst case of institutionalised scapegoating’.”

Full story

BBC News, 14th June 2008

Source: www.bbc.co.uk

Child Maintenance and Other Payments Act 2008

Child Maintenance and Other Payments Act 2008 published

Full text of Act (PDF)

Source: www.opsi.gov.uk

Parental guidance – Law Society’s Gazette

“The vilified Child Support Agency faces abolition, but its proposed replacements could leave parents without proper legal advice.”

Full story

Law Society’s Gazette, 3rd April 2008

Source: www.lawgazette.co.uk

Chandler v Secretary of State for Work and Pensions and Another – Times Law Reports

Chandler v Secretary of State for Work and Pensions and Another

Court of Appeal

“Regular repayments to an absent parent from a capital loan to his employer were not income for the purposes of assessment of child maintenance, although they might be caught by antiavoidance provisions in the child maintenance legislation.”

The Times, 7th January 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Lesbian mother hits back in row over donor’s support payments – The Guardian

“A lesbian claiming child support from her firefighter friend who donated sperm for two children has rejected his claim that he is being unfairly treated.”

Full story

The Guardian, 4th December 2007

Source: www.guardian.co.uk

Sperm donor pays maintenance to lesbians – Daily Telegraph

“A sperm donor who helped a lesbian couple have two children is now being forced to pay thousands of pounds for their upbringing, he said.”

Full story

Daily Telegraph, 3rd December 2007

Source: www.telegraph.co.uk

Chandler v Secretary of State for Work and Pensions and Another – WLR Daily

Chandler v Secretary of State for Work and Pensions and Another [2007] EWCA Civ 1211

Regular payments to an absent parent which came purely out of capital were not income for the purposes of calculating liability for child maintenance. They were not “any other payments or other amounts received on a periodical basis …” for the purposes of para 15 of Sch 1 of the Child Support (Maintenance Assessments and Special Cases) Regulations 1992.”

WLR Daily, 30th November 2007

Source: www.lawreports.co.uk

Please note: once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.


 

Discredited CSA finally replaced – Daily Telegraph

“The Child Support Agency will be replaced by the Child Maintenance and Enforcement Commission. The Government says it will have tougher powers to force absent parents to pay for their children.”

Full story

Daily Telegraph, 7th November 2007

Source: www.telegraph.co.uk

Barrister’s illegitimate son to get £100,000 – Daily Telegraph

“An eminent QC, who fought his former girlfriend for 30 years over maintenance payments for their child, has finally agreed to end the feud by paying his illegitimate son £100,000.”

Full story

Daily Telegraph, 30th October 2007

Source: www.telegraph.co.uk

Parents waiting five years for child support – The Guardian

“Almost 35,000 single parents have been waiting more than five years for the Child Support Agency to resolve their claims, it has emerged.”

Full story

The Guardian, 15th October 2007

Source: www.guardian.co.uk

Lawyer in CSA dispute freed from jail – The Times

“A barrister who was jailed for refusing to pay child support was freed on unconditional bail yesterday pending a judicial review hearing. ”

Full story

The Times, 9th July 2007

Source: www.timesonline.co.uk

R (Rowley and others) v Secretary of State for Work and Pensions – Times Law Reports

No duty of care owed over child support

R (Rowley and others) v. Secretary of State for Work and Pensions

Court of Appeal

“The Secretary of State for Work and Pensions did not owe a common law duty of care in discharging his functions under the Child Support Act 1991”

The Times, 6th July 2007 

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication   

Landmark takes both sides as Court of Appeal rules on CSA issue – The Lawyer

“Landmark Chambers found itself on both the winning and losing sides of a Court of Appeal legal tussle that resulted in a ruling that the Child Support Agency (CSA) does not owe a duty of care in how maintenance payments are assessed.”

Full story

The Lawyer, 2nd July 2007

Source: www.thelawyer.com

CSA criticised for naming parents on website – The Guardian

“The Child Support Agency today ‘named and shamed’ 40 parents who were successfully prosecuted for refusing to take financial responsibility for their children.”

Full story

The Guardian, 26th June 2007

Source: www.guardian.co.uk

Father jailed for refusing to pay child maintenance despite ex-wife’s support – The Times

“A lawyer was jailed yesterday for refusing to pay child support to his former wife, despite her pleas that he should not be given a custodial sentence.”

Full story

The Times, 26th June 2007

Source: www.timesonline.co.uk

R (Rowley and others) v. Secretary of State for Work and Pensions – WLR Daily

R (Rowley and others) v. Secretary of State for Work and Pensions (Resolution intervening) [2007] EWCA Civ 598

“The Secretary of State for Work and Pensions did not owe a common law duty of care to qualifying children or to those with their care in discharging his functions under the Child Support Act 1991.”

WLR Daily, 19th June 2007

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Mother loses child maintenance battle – The Times

“A divorced mother failed today in her legal battle with the Child Support Agency (CSA) over maintenance payments for her three children.”

Full story

The Times, 19th June 2007

Source: www.timesonline.co.uk

Child payment defaulters face credit rating penalty – The Guardian

“Parents who refuse to pay maintenance to their families could struggle to obtain mortgages and loans, the government warned yesterday, as it published a bill to replace the troubled Child Support Agency.”

Full story

The Guardian, 7th June 2007

Source: www.guardian.co.uk

Absent fathers face automatic fines and mandatory fees – The Times

“Errant fathers will be fined automatically if their child maintenance case ends up with the commission that replaces the Child Support Agency next year.”

Full story

The Times, 6th June 2007

Source: www.timesonline.co.uk

Single mother launches CSA test case – The Times

“A single mother who blames the loss of her home on the incompetence of the Child Support Agency (CSA) brought a test compensation claim yesterday that could affect thousands of families.”

Full story

The Times, 9th May 2007

Source: www.timesonline.co.uk

EU agrees to common child support laws – The Guardian

“European Union countries agreed yesterday to bolster the rights of parents and couples trying to collect child support payments across EU borders.”

Full story

The Guardian, 20th April 2007

Source: www.guardian.co.uk


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