header-logo header-logo

Child maintenance: finding the formula

11 August 2023 / Catherine Doherty Montanaro
Issue: 8037 / Categories: Features , Family
printer mail-detail
133401
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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
back-to-top-scroll