Maintenance Payments: Can't Pay Or Won't Pay

The extent to which a parent should take financial responsibility for their child is an issue on which most people have a strong opinion. In his recent decision of Green v Adams [2017] EWFC 2017(read full judgment here) Mr Justice Mostyn made his position pretty clear, saying of Mr Adams 'his parsimonious approach to the support of his son is little short of scandalous.'

However, despite Mr Justice Mostyn's robust findings in relation to Mr Adams' wealth, there was nothing that he could do to about the 'pittance' that he was paying in maintenance for his 16 year old son. Miss Green's application for maintenance was dismissed. The court did not have jurisdiction to order Mr Adams to pay any more than the minimum assessment of £7 that the Child Support Agency had determined.

Under the current law, it is hard to explain why, when a judge feels as strongly as Mr Justice Mostyn did that a parent is not making the financial contribution that they should for their child, there is nothing that he can do.

The court's jurisdiction

The interplay between the CSA and the family court is one of the very few areas of family law where the judges cannot exercise their discretion. There are fixed rules as to when and how the court can make order for child maintenance. In this case whilst the judge was able to order a payment of £20, 600 for capital expenditure such as a car and a laptop, he was clear that he only had power to make an award for capital expenditure of a singular nature, and could not circumvent the rules by ordering a lump sum payment that effectively rolled up income payments.

Court's hands are tied

The court only has jurisdiction to become involved in child maintenance in very limited circumstances, for example where the couple have already agreed the maintenance, the court can make an order in the terms they have agreed, and then has jurisdiction over that order (and so can deal with applications to vary it) for up to a year. However, after 12 months either party can make an...