The Child Support Act 1991 introduced a mechanism to recover maintenance from absent parents for their children. It created the Child Support Agency (CSA) as the organization responsible for collecting child support maintenance. This chapter discusses the framework of child support; when a client may be required to pay child support; what a client can do if they do not receive child support; and the future of child support. It examines the CSA scheme, which commenced in 2003, and the Child Maintenance Service, which opened its doors on 29 July 2013. It also looks at the financial provisions under Schedule 1 of the Children Act 1989.
Chapter
Lara Walker
Child support in England and Wales is predominantly dealt with by the Child Support Act 1991. Many people believe that that parents should provide support for their children, that separated parents should continue to provide support, and that single parents are entitled to support for the child from the non-resident parent (usually, but not always, the father). However, the difficult factor is finding a theoretical underpinning for this duty which is believed, by many, to exist. This chapter begins by looking at some of the theories on child support and problems associated with these theories. It then looks at the government policy on child support in order to establish whether the policy is built on any of these theories and, if so, how closely it actually relates to the theory.
Chapter
Lara Walker
Child support in England and Wales is predominantly dealt with by the Child Support Act 1991. Many people believe that parents should provide support for their children, that separated parents should continue to provide support, and that single parents are entitled to support for the child from the non-resident parent (usually, but not always, the father). However, the difficult factor is finding a theoretical underpinning for this duty which is believed, by many, to exist. This chapter begins by looking at some of the theories on child support and problems associated with these theories. It then looks at the government policy on child support in order to establish whether the policy is built on any of these theories and, if so, how closely it actually relates to the theory.
Chapter
N V Lowe, G Douglas, E Hitchings, and R Taylor
This chapter considers the law governing parents’ duty to provide financial support for their children. It discusses the key features of the child support regime and then examines the residual role of the courts to make financial provision orders for children. It also discusses private agreements between parents.
Book
Edited by Ruth Lamont
Family Law offers a contextual and critical examination of the subject, discussing areas of debate and controversy. Topics include: family life and the law; marriage, civil partnership, and cohabitation; seeking a divorce; and property division on divorce. It also examines property division on the breakdown of non-marital relationships; child support; domestic violence and abuse; and legal parenthood and parental responsibility. It moves on to look at private child law, public law child protection, adoption; and human rights and children’s rights in the family. Finally, it considers international family law and family law in practice.
Book
Edited by Ruth Lamont
Family Law offers a contextual and critical examination of the subject. Topics include: family life and the law; marriage, civil partnership, and cohabitation; seeking a divorce; and property division on divorce. It also examines property division on the breakdown of non-marital relationships; child support; domestic violence and abuse; and legal parenthood and parental responsibility. It moves on to look at private child law, the medical treatment of children, public law protection, adoption; and human rights, children's rights, and the family. Finally, it considers international family law and family law in practice.
Chapter
The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary, and tips to gain extra marks. This chapter deals with financial relief during divorce, nullity and judicial separation proceedings, and child support. The first question is a problem question that requires discussion of financial support during marriage, financial orders on divorce and the factors contained in s. 25 of the Matrimonial Causes Act 1973. The second problem question focuses on financial orders on divorce and variation and appeal of financial orders. The third question is an essay question on the development of the law relating to pre-nuptial and post-nuptial contracts, whilst the final essay question focuses on child support, which is primarily regulated by the Child Support Act 1991.
Chapter
The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary, and tips to gain extra marks. This chapter deals with financial remedies during divorce, nullity and judicial separation proceedings, and child support. The first question is a problem question that requires discussion of financial support during marriage, financial orders on divorce and the factors contained in s. 25 of the Matrimonial Causes Act 1973. The second problem question focuses on financial orders on divorce and variation and appeal of financial orders. The third question is an essay question on the development of the law relating to pre-nuptial and post-nuptial contracts, whilst the final essay question focuses on child support, which is primarily regulated by the Child Support Act 1991.
Chapter
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter, which discusses financial provision for children who live apart from one or both parents, whether in a single-parent family, step-family, or with other carers, begins with a brief history of financial provision for children. It then discusses the current law on child support; court-based provision; ‘family-based arrangements’ and other private ordering; and policy questions relating to the financial support of children.
Chapter
This chapter discusses the main types of welfare benefits that are available to family law clients. It explains the importance of welfare benefits in relation to areas of family law, and that a family lawyer must have a working knowledge of these areas in particular with regards to financial remedy. The eligibility of benefits and what the client will receive is discussed. The chapter explains that the main benefit which is now in place is universal credit, but also mentions the ‘legacy benefits’, including income support, jobseeker’s allowance, tax credits, employment and support allowance, housing benefit, council tax reduction, and child benefit.
Chapter
This chapter discusses the law governing child support. Child support is regulated by one or more of several statutes depending on the circumstances: the Child Support Act 1991 (CSA 1991), as amended; Schedule 1 to the Children Act 1989; the Matrimonial Causes Act 1973; and the Civil Partnership Act 2004. The applicability of the CSA 1991 in a particular case can limit to some extent the use of the other statutes mentioned.
Chapter
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses financial provision on divorce or dissolution of marriage or civil partnership, including housing and everyday expenses of the parties and any children involved. It considers the courts’ statutory powers to redistribute property in case of divorce, nullity, judicial separation, or the dissolution of a civil partnership. The chapter explains how civil partners in England and Wales are treated under the Civil Partnership Act 2004 (CPA) and the courts’ application of the provisions of the Matrimonial Causes Act 1973 (MCA) in reaching a decision in divorce cases. It also discusses the three principles of financial needs, compensation, and sharing used by the courts in making an award; nuptial agreements; the Law Commission Report on Matrimonial Property, Needs and Agreements; and provision for children under the MCA, the CPA, the Child Support Act 1991, and the Children Act 1989.
Chapter
This chapter discusses the family justice system. It considers the role law plays in regulating the family. The chapter covers the institutional framework of family justice and its transformation. It notes the creation of the Family Court and the pressures on that court. It reviews the remedies which are available in that court, in particular those relating to the protection of children. The chapter briefly considers adoption. It considers other matrimonial matters, in particular the introduction of no-fault divorce and the financial effects of divorce. It considers policy relating to child support, and notes changes to ways of dealing with domestic violence and abuse. It considers the legal practitioners involved in family law issues and how they seek to deal with family disputes on a less adversarial basis. The effect of changes to legal aid for funding for family law cases is discussed.
Book
Stephen Gilmore and Lisa Glennon
Gilmore and Glennon’s Hayes and Williams’ Family Law, now in its seventh edition, provides critical engagement with key areas of family law, with detailed, yet accessible, expositions of case law, key legislation, and debates affecting adults and children. The volume includes ‘talking points’ and focused ‘discussion questions’ throughout each chapter which highlight areas of debate or controversy. A section entitled ‘New to this Edition’ provides a detailed account of developments since the last edition.
