Citations: 37060/06, [2008] ECHR 1544 Links: Bailii Statutes: European Convention on Human Rights, Child Support (Maintenance Assessments and Special Cases) Regulations 1992 1(2) Citing: At Commissioner – (Un-named) SSCS 1-Oct-2003 The mother had challenged payments required of her by way of child support. The Secretary of State now appealed. Held: The appeal was rejected: ‘a … Continue reading JM v United Kingdom: ECHR 21 Nov 2008
M had challenged the Child Support Regulations saying that they discriminated against her. She was the liable parent, and in a monogomoud lesbian relationship. As such she said that she was treated worse than she would have been since the Regulations did not that her relationship as constituting a family. The Secretary of State appealed … Continue reading Secretary of State for Work and Pensions v M: CA 15 Oct 2004
The father challenged a ruling that in calculating his liability to pay child support he was not entitled first to deduct, as a self-employed person, all the allowances he might claim against income tax by way of capital allowances. Held: The legislation is sloppy, muddled and would lead to unjust and absurd results. Nevertheless the … Continue reading Smith v Smith and Another: CA 19 Oct 2004
Whether the child was the child of the absent parent. Citations: [2002] UKSSCSC CCS – 736 – 2002 Links: Bailii Statutes: Child Support (Maintenance Assessments and Special Cases) Regulations 1992 Child Support Updated: 11 June 2022; Ref: scu.197557
The mother had challenged payments required of her by way of child support. The Secretary of State now appealed. Held: The appeal was rejected: ‘a gay relationship can be a family for the purpose of [A]rticle 8’. There was no reason, in the context of child support legislation, to distinguish between families according to the … Continue reading (Un-named): SSCS 1 Oct 2003
The House considered whether under the 1992 Regulations a self-employed parent could use for his child support calculation his net earnings as declared to the Revenue, which would allow deduction of capital and other allowances properly claimed against tax. Held: The appeal was allowed, and the decision of the Child Support Commissioner restored (majority). The … Continue reading Smith v Secretary of State for Work and Pensions and Another: HL 12 Jul 2006
A transfer of a share in an equitable interest in a house, is itself an equitable interest in land, and its transfer value could be incorporated in the calculations used to determine the maintenance assessment for child support purposes. Citations: Times 01-Dec-1998 Statutes: Child Support (Maintenance Assessments and Special Cases) Regulations 1992 (1992 No 1815) … Continue reading Henderson v Secretary of State for Social Security: CA 1 Dec 1998
The respondent’s child lived with the estranged father for most of each week. She was obliged to contribute child support. She now lived with a woman, and complained that because her relationship was homosexual, she had been asked to pay more than someone in a heterosexual relationship. Held: The claim failed. The regulations had now … Continue reading Secretary of State for Work and Pensions v M: HL 8 Mar 2006
The applicant alleged that she had been the victim of discrimination on the basis of sexual orientation in the assessment by the authorities of her financial liability under the regulations on child support. Lech Garlicki, P [2010] ECHR 1361, 30 BHRC 60, [2010] Fam Law 1270, [2010] 3 FCR 648, [2011] 1 FLR 491, (2011) … Continue reading JM v United Kingdom: ECHR 28 Sep 2010
