CMS Flashcards
(27 cards)
prevailing position re child maintenance
private arrangements, with CMS as a last resort
when does CSA 1991 apply
s11 each parent of a qualifying child is responsible for maintaining him
definition of child s55
an unmarried person under 16
under 20 receiving full time education
definition of qualifying child
one of his parents is in relation to him a non resident parent; or
both of his marents are non resident parents
what is a non resident parent
one who is not living in the same household as the child s3(2)
what is a person with care
one with whom child lives and usually provides the childs day to day care
when can CMS make a CM calculation
where qualifying child, person with care, and non resident parent are all habitually resident in the uk
who has exclusive jurisdiction to deal with CM
DWP s8 CSA 1991
what does s8(3) state
except as to s3A, no court shall exercise any power which would otherwise have to make, vary , or revise any maintenance order re the child
when do courts have jurisdiction
maintenance for step children
natural children too old to be qualifying children
child/parent does not reside in the UK
making capital orders for children
varying/revoking existing maintenance order
how do courts determine payment amount
considers s25(1)(3)(4) MCA
when do courts have jurisdiction to make a supplementary maintenance order s8(6)
only re wealthy families
non resident parent has a gross income of over 3k a week
when might courts make a supplementary order
child requires further support (Education or disabilities) s8(7)
why might a court make an order re supplementary order to meet expenses attributable to disability
s8(8) cms are unable to do so
description of disabled child
8(9) they are blind,deaf, or dumb or substantially and permanently handicapped by illness, mental disorder, or congenital deformity
why is it preferable for parents to voluntarily agree
s8(3) restricts court jurisdiction
what is a maintenance agreement
arrangement agreed upon by parties, where they wish to put it in writing but do not wish to obtain a court order
enforceable as a contract
can parents still make maintenance agreements
yes- s9(2)
why would someone apply for consent order
embody their agreement in court order
rules for a consent order
s8(3) prohibits courts from making where DWP has juridiction
s8(5) what power does court have re consent order
court power where there is a written agreement making MO by non-res parent
can courts vary an order
yes once an order has been made s8(3)(a)
special expenses
costs incurred by non-res parent maintaining contact with QC
costs attributable to long-term illness/disability
maintenance for boarding school
mortgage payment on shared home provided non-res parent no longer has an interest and resident parent still lives there
threshold for special expenses
£10 / week
if expenses are unreasonably high, CMS may substitute a lower amount as it sees fit
