ANCILLARY RELIEF: SW v RC [2008] EWHC 73 (Fam)

29 JAN 2008

(Family Division; Singer J; 25 January 2008)

When the person paying maintenance for a child could not do so out of income, but maintained a high rate of expenditure on himself and his family by use of capital and borrowings, there was no reason in principle why the childs maintenance should cease, or be reduced. Maintenance paid from accumulated or borrowed money (both resources of a capital nature) was maintenance in the form of income in the hands of the parent with care, not a lump sum or other capital resource.

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