The calculation of child maintenance for parents in higher income brackets has been clarified—if not simplified—by the High Court: Catherine Doherty sets out what this means for family practitioners
- In an appendix to the judgment in James v Seymour, Mr Justice Mostyn set out his proposed formula for the calculation of child maintenance.
- The conflict between this formulaic approach and the discretionary balancing exercise preferred by other members of the judiciary will be familiar to family practitioners.
On 19 April 2023, Mr Justice Mostyn handed down judgment in James v Seymour [2023] EWHC 844 (Fam), [2023] All ER (D) 28 (May), an appeal brought by a mother of the judgment of Judge Vincent dated 6 December 2022 (A wife v A husband [2022] EWFC 154).
Background
The mother was aged 50 and a journalist (but was not working at the time of the appeal). The respondent was the mother’s ex-husband (aged 47, working in private equity) and father of their two children, aged 12 and 10.
Both parties had since remarried; the father in January
