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23 October 2019 / David Burrows
Issue: 7861 / Categories: Features , Family , Child law , Divorce
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Breakdown cover (Pt 2)

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David Burrows provides a rundown of child support appeals to the First-tier Tribunal & Upper Tribunal
  • Child support appeals to First-tier Tribunal and Upper Tribunal.
  • When is an appeal to the Upper Tribunal a matter of law?
  • When is a variation direction asset in a non-resident parent’s ‘control’ or just in ‘his sphere’; and will this matter with the new ‘asset’ regulation under reg 69A?

The first article in this series explained the working of the child support scheme calculation with variation directions (now Child Support Maintenance Calculation Regulations 2012 (SI 2012/2677) regs 69-71) from the formula (‘Breakdown cover’, NLJ 15 March 2019, p9). The scheme is operated by decision-makers within the renamed Child Maintenance Service (CMS) (formerly the Child Support Agency), which are the outward face of the secretary of state for work and pensions. They run the scheme for the secretary of state under the Child Support Act 1991 (CSA 1991) (as variously amended).

Any lawyer, or spouse who deals with it, knows that the family law system is based on the

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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