Talking Family Law - The Resolution Podcast

Resolution

Guests take on a topical debate in family law in each episode in this podcast series from Resolution. Our hosts, Simon Blain and Anita Mehta, invite family law experts to share their experiences and anecdotes, in an insightful and entertaining conversation.

Resolution Podcast #7 | Child support - in search of a simpler formula | w/ Rachel Spicer and James Pirrie
Jan 18 2022
Resolution Podcast #7 | Child support - in search of a simpler formula | w/ Rachel Spicer and James Pirrie
In this episode, host Simon Blain talks to Rachel Spicer and James Pirrie about their approach to cases involving the Child Maintenance Service. Jurisdiction of the CMS1) Geography: The parent with care and child must be based in the United Kingdom – asmust (with some extensions) the non-resident parent2) Age and stage: Broadly, the CMS has jurisdiction until the 31st of August in the year that the child completes their A-levels after A-levels, for those young people going on to university3) Parentage: Applications can only be made for a qualifying child (s3 CSA ’91) as regards“a parent”, which (per s54) means any person who is in law the mother or father of thechild. Thus natural 19 or adoptive parents 20 are in whilst step-parents, even those grantedparental responsibility or the object of a residence / child arrangement order are not.4) Separation: Whilst the courts can make orders anticipating the separation of the parties,only if separation has taken place does the CMS become able to receive an application forprovision (and it must follow that until this point, the court has a free hand to make anorder). 5) Order: Finally there is the question whether the court has made an order or not. Ifthe court made an order i) Prior to 3rd March 2003; or ii) on or after 3/3/2003 but within theprevious six months then such an order excludes the CMS from involvement. Further information and resourcesNACSA - Support Handbook - informationMore information on this Resolution podcast: credit: Hopefully Flies - Magnus Moone