Spotlight
Family Court Practice, The
Order the 2021 edition due out in May
Court of Protection Practice 2021
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
Re R (Children) (Control of Court Documents) [2021] EWCA Civ 162
(Court of Appeal (Civil Division), King, Peter Jackson, Elisabeth Laing LJJ, 12 February 2021)Practice and Procedure – Disclosure of court documents – Sexual abuse findings –...
AG v VD [2021] EWFC 9
(Family Court, Cohen J, 04 February 2021) Financial Remedies – Matrimonial and Family Proceedings Act 1984, Part III – Russian divorceThe wife was awarded just under £6m...
Become the new General Editor of The Family Court Practice, the definitive word on family law and procedure
The Family Court Practice (‘The Red Book’) is widely acknowledged as the leading court reference work for all family practitioners and the judiciary. We are currently recruiting a...
SCTS releases new simplified divorce and dissolution forms for Scotland
The Scottish Courts and Tribunals Service (SCTS) has released new simplified divorce and dissolution forms of application. As a result of legislation repealing Council Regulation EC 2201/2003, the...
Welsh Government launches consultation on amendments to adoption regulations
The Welsh Government has launched a consultation on the proposed amendments to the Adoption Agencies (Wales) Regulations 2005 and the Care Planning, Placement and Case Review (Wales) Regulations 2015....
View all articles
Authors

The CSA - Now is Not the Time to be Squeamish

Sep 29, 2018, 17:28 PM
Slug : the-csa-now-is-not-the-time-to-be-squeamish
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Sep 14, 2006, 04:22 AM
Article ID : 86667

Angela Moores, head of the family law team and Rachel Marsden, solicitors, Ricksons. In February 2006 the government eventually had to acknowledge that the Child Support Agency (CSA) was simply not working and a new system for child support had to be designed. When Sir David Henshaw was asked to consult and come up with recommendation for a new system we watched in anticipation. In July 2006 his report Recovering child support: routes to responsibility(Cm 6894) was published.

The authors say that perhaps of most interest to family lawyers is the proposal that parents be able to choose to enter into consent orders for child support via the courts and for those orders to endure beyond the 12-month limitation that we currently face for orders made after 2003. It is thought around 10,000 consent orders a year are currently made for child support and the report considers that this route, together with variation and enforcement, should be available to those parents who can agree on child support. Once in the court system child support would forever stay within the system for that child with the likely incumbent costs for enforcement and variation. It is, however, unlikely that the jurisdiction will be available for those parents in dispute about child support - the reason being given to avoid increasing the burden on the court system - already an increase of between 15,000 and 25,000 cases each year is anticipated merely for consent orders.

The report is unclear as to whether the availability of a court order for child support is restricted to ancillary relief settlements, as might be anticipated. Reference is made in the report to cohabiting couples who separate being able to validate a private agreement for child support through the court route and to legal aid being available for those parents on low incomes to use the court route even when there are no other financial matters to be resolved. It is difficult to identify how this might happen or indeed prove cost effective when the new system is available. Clearly this is an area where greater clarification and consultation is going to be needed. See October [2006] Fam Law 882 for the full article.

Categories :
  • Articles
Tags :
Authors
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from