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)
