Rhys Taylor, 36 Family and 30 Park PlaceJonathan Galbraith, Mathieson Consulting2020 has thus far proved to be a memorable year for all the wrong reasons, but nonetheless it remains an interesting one...
Peter Mitchell QC, 29 Bedford RowStock Options and Restricted Stock Units (RSUs) are frequently encountered by the Family Court when dividing property on divorce or dissolution of a Civil Partnership....
These Regulations come into force on 12 July 2006, save that reg 3(3) (which relates to deduction from earnings orders) only comes into force for cases under the new scheme The powers exercised to make these Regulations are those contained in the Child Support Act 1991 (the 1991 Act), as amended by the Child Support, Pensions and Social Security Act 2000 (the 2000 Act). Some of the amendments made by the 2000 Act are only in force for the purposes of specified categories of case (see the Child Support, Pensions and Social Security Act 2000 (Commencement No 12) Order 2003) (the new scheme). In all other cases the 1991 Act prior to those amendments continues to apply (the old scheme).
Regulation 1 deals with citation and commencement. Regulation 2 amends the Child Support (Information, Evidence and Disclosure) Regulations 1992 (SI 1992/1812) by making provision for credit reference agencies to be required to furnish information to the Secretary of State
Regulation 3 makes a number of amendments to the Child Support (Collection and Enforcement) Regulations 1992 (SI 31992/1989). First, it extends the range of arrangements for collection of child support by adding payment by credit card and voluntary deduction from earnings arrangements (para (2)). Secondly, it provides a basis for calculating the protected earnings proportion in relation to a deduction from earnings order which relates only to arrears of child support maintenance (para (3)). Thirdly, it extends to Scotland the provision for determining the costs in relation to a disqualification from driving order (para 4). Lastly, it removes the 6-year limitation period for an application for a liability order, but only in relation to amounts that became due after 12 July 2000 (that is amounts which were not already time barred at the commencement of these Regulations) (para (5)).
Regulation 4 amends the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (SI 1999/991) by revoking the provision which specifies an effective date in a case where a default maintenance decision is revised as if it were a maintenance calculation under s 11 of the Act. The Order brings into force on 1 September 2006, s 25 of the Act. Section 31 of the Act will come into force on 1 October 2006. The consent of the Secretary of State has been obtained in respect of the commencement of both sections of the Act.
Regulation 5 amends the Child Support (Maintenance Calculation Procedure) Regulations 2000 (SI 2001/157) by providing for an interim effective date for the initial calculation of child support maintenance in cases where the available information does not cover the whole of the relevant period.
Regulation 6 amends the Child Support (Collection and Enforcement and Miscellaneous Amendments) Regulations 2000 (SI 2001/162) in two respects. First, it amends the commencement provisions so as to bring fully into force (that is for both old and new scheme cases) the amendments in those Regulations which make provision for collection of child support maintenance by debit card (para (2)). Secondly, it amends the savings provision in reg 6 so that, in cases which have been converted from the old scheme to the new scheme, all arrears of child support maintenance, whenever they accrued, are treated the same for collection and enforcement purposes (para (3)). These Regulations do not impose any costs on business, charities or the voluntary sector.