PS v CS

PS v CS

A HESCA award is permissible in shared care arrangements if the applicant's needs relating to the children are not met by formulaic maintenance. The court determined a housing fund of £700,000, monthly child maintenance of £3,000, lump sums for car, moving costs, and liabilities, and rejected reimbursement of legal fees, backdated maintenance, and certain other claims. Orders were made to ensure the children’s standard of living bears reasonable relation to the paying parent’s circumstances.

Parties
Applicant Mother: PS; Respondent Father: CS
Jurisdiction
England and Wales
Judgment Date
08 February 2024
Procedural Posture
Schedule 1 Children Act Application / Final Judgment
Outcome
Application granted in part; orders made for housing fund, child maintenance, lump sums for car, moving costs, liabilities, and related expenses; other claims dismissed.
Legal Topics
Child Maintenance, Financial Provision for Children, Schedule 1 Children Act, Shared Care Arrangements, Housing Provision, Legal Costs
Family Law Child Maintenance Financial Provision for Children Schedule 1 Children Act Shared Care Arrangements Housing Provision Legal Costs

Case Brief

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Parties

PS

Applicant Mother

CS

Respondent Father

Procedural Posture

Schedule 1 Children Act Application / Final Judgment

Legal Issues

  1. 1 Appropriate quantum and term of child maintenance under Schedule 1 Children Act 1989
  2. 2 Whether a Household Expenditure Child Support Award (HESCA) is applicable in shared care
  3. 3 Determination of housing fund and related lump sums

Ratio Decidendi

A HESCA award is permissible in shared care arrangements if the applicant's needs relating to the children are not met by formulaic maintenance. The court determined a housing fund of £700,000, monthly child maintenance of £3,000, lump sums for car, moving costs, and liabilities, and rejected reimbursement of legal fees, backdated maintenance, and certain other claims. Orders were made to ensure the children’s standard of living bears reasonable relation to the paying parent’s circumstances.

Court Disposition

Application granted in part; orders made for housing fund, child maintenance, lump sums for car, moving costs, liabilities, and related expenses; other claims dismissed.

Orders

  • £335,319 lump sum for housing fund (total housing fund up to £700,000)
  • Stamp duty up to £21,500