Child Support Act Flashcards
What S imposes a duty upon the child support officers rather than the court
S 2
What does S 9 state
that is gov policy that parties reach their own agreements- use of the courts has been discouraged through applications and feeds
What happens if the CSA have jurisdiction
then the courts have no jurisdiction- S 8(1) and (3)
which section encourages voluntary agreements
S 9(2)
If a voluntary agreement is made what can the courts do
a consent order can be made under S 8(5) however, this will oust the jurisdiction of the court for a year S 4(10)(aa) and the PWC cannot use the draconian orders in a vol agreement not complied with
What must there to to seek an order
There must be a QC (S 3(1)) and a NRP (S 3(2))
What must the NRP be
a biological parent S 54
What must a QC be
under 16, or under 18 if in full time education S 55
What if the NRP has a QC that do not live together
the sum will be apportioned among the PWC
When calculating a payment what is used
NRP GWU up to £3,000 a week S 10(3)
Are ROC taken into account?
If there is ROC, reduce GWI by 11% for one, 14% for two and 16% for three or more (Sch 1 , para 2(3))
How much will the NRP pay for the first £800
12% for one, 16% for two, and 19% for three of more (Such 1, para 2(1))
What will the NRP if their GWI exceeds £800
pays 9% for one, 12% for two, 15% for 3 or more on remainder Sch 1, para 2(2)
What will reduce the amount payed
if has regular overnight staying contact
What S deals with overnight contact
Sch1 , para 7(4)
what is Sch 1, para 3, 4 ,5
GWI between £100-£200 will pay a reduced rate
GWI less than £100 pay a flat rate of £7 a week
GWI less than £7 will pay a nil rate
Where are the grounds for variation found
S 28 A and Sch 4 B court retains discretion
What is S 8(6)
in the case of a wealthy NRP, if the PWC has exhausted the CSA can seek top up maintenance
S 8(7)
extra education expenses
S 8(8)
disabilities
What did C v F say
there is another option under Children Act 1959 schedule 15(1) you can apply for child support under there and can continue into the child’s adulthood when it comes to disabled children.
Enforcement: which section deals with payment directly to PWC
S 29
Enforcement- deductions from earnings
S 31,32
Enforcement- deduction from benefits
S 43
Enforcement- deduction form bank
S 32A + B
Enforcement- a judgment in the CC
S 36
Enforcement- w/o passport
S 39 V
Enforcement- prison
S 40
Issue with child support
will the emphasis on private ordering and the implementation of the application and collection fees under the Welfare and Reform Act weaken the position of the PWC when the nap refuses to enter into a voluntary maintenance agreement
