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Family Law

The leading authority on all aspects of family law

06 JUN 2012

SCHEDULE 1: PK v BC [2012] EWHC 1382 (Fam)

(Family Division, Moor J, 19 March 2012) 

Upon separation of the parents a consent order was made with provision for the mother to receive a lump sum and periodical payments in respect of the child. The father applied to the Child Support Agency for a maintenance assessment which calculated that he should be paying approximately half of the level of maintenance in the consent order.

The mother issued a Sch 1 application to recoup the difference in maintenance payments to enable her and the child to achieve a better standard of living. During proceedings it was accepted between the parties that the court did not have jurisdiction to make a further periodical payments order now that it was being dealt with exclusively by the CSA.

The court did have jurisdiction to order a further lump sum in exceptional circumstances. However, the mother had accepted the lump sum payment on a clean-break basis and now owned a property mortgage free. It was impossible for the mother to now successfully bring an application for a further lump sum. Application dismissed.

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