Surprise, Surprise CMS letter

[autisticdad]

How olds you court order?

"You can’t ask the CMS to arrange maintenance if you get maintenance under a court order which is less than a year old."

I am surprised more parents are not pushing back when the Family Court tries to include 'child maintainace' in financial orders.

The child maintenance service ("CMS"), and not the court, has jurisdiction to make an assessment of child maintenance when the child and parents are all habitually resident in the UK. This is very clear in section 44(1) of the Child Support Act 1991.

If the Judge deviates from the CMS calculation then you can appeal their decision and get it set aside, this has been tried and tested previously. The only exception is if you are a very high earner and earn above the threshold where CMS calculations are capped.

However, there are some circumstances in which the court can still make an order for child maintenance. The most common are instances such as if the child or one of the parents is not habitually resident in the UK, the CMS will not have jurisdiction (s 44, CSA 1991) and therefore the court is able to make orders for child maintenance.

 

[Pj66]

I am surprised more parents are not pushing back when the Family Court tries to include 'child maintainace' in financial orders.

The child maintenance service ("CMS"), and not the court, has jurisdiction to make an assessment of child maintenance when the child and parents are all habitually resident in the UK. This is very clear in section 44(1) of the Child Support Act 1991.

If the Judge deviates from the CMS calculation then you can appeal their decision and get it set aside, this has been tried and tested previously. The only exception is if you are a very high earner and earn above the threshold where CMS calculations are capped.

However, there are some circumstances in which the court can still make an order for child maintenance. The most common are instances such as if the child or one of the parents is not habitually resident in the UK, the CMS will not have jurisdiction (s 44, CSA 1991) and therefore the court is able to make orders for child maintenance.

My view on this was that statutory law overrides private law?

You are only obligated to pay the statutory amount the CMS calculates? I could be wrong

 

[autisticdad]

My view on this was that statutory law overrides private law?

Child Support Act 1991 is statutory law.

The Family Court 'cannot' deviate from CMS calculation forumla unless you are a high earner (above £156,000) - https://raydensolicitors.co.uk/blog...igher-earners-following-james-v-seymour-2023/

If you earn between £156,000 and £650,000 then the 'Mostyn Forumla' applies.
Above £650,000 the rules in James v Seymour must be used.

Most 'mothers' do not pay for good legal advice. So be careful of not being caught as liable for additional payments if a Schedule 1 of Children Act 1989 payments which could be a back door for them to get more money -

https://docs.whitepaper.co.uk/MF_21_L1_NTS_Sam-Hillas-QC.pdf?v=1695466905

https://www.stowefamilylaw.co.uk/blog/2016/07/01/using-child-maintenance-service-courts/