AZ v FM (Rev 1) [2021] EWFC 2 (20 January 2021)

AZ v FM (Rev 1) [2021] EWFC 2 (20 January 2021)

The court has jurisdiction under s.31(5) of the Matrimonial Causes Act 1973 to discharge a child maintenance order and award a lump sum in lieu of future periodic maintenance. The trial judge's findings on income and CGT fund division were not open to appellate interference. The calculation of the lump sum and costs...

Source-derived case information.

Citation
[2021] EWFC 2
Parties
Appellant: AZ; Respondent: FM
Jurisdiction
England and Wales
Judgment Date
20 January 2021
Procedural Posture
Family Law Appeal / Judgment on Appeal From Deputy District Judge's Order Regarding Variation and Capitalisation of Child Maintenance
Outcome
Appeal dismissed; renewed permission applications refused as totally without merit; stay pending further variation application refused.
Legal Topics
Child Maintenance, Variation of Periodical Payments, Capitalisation of Maintenance, Jurisdiction Under Matrimonial Causes Act 1973, Costs on Appeal
Family Law Child Maintenance Variation of Periodical Payments Capitalisation of Maintenance Jurisdiction Under Matrimonial Causes Act 1973 Costs on Appeal

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Parties

AZ

Appellant

FM

Respondent

Procedural Posture

Family Law Appeal / Judgment on Appeal From Deputy District Judge's Order Regarding Variation and Capitalisation of Child Maintenance

Legal Issues

  1. 1 Whether the court has jurisdiction to capitalise child maintenance under the Matrimonial Causes Act 1973
  2. 2 Whether the trial judge erred in findings regarding the husband's income and division of CGT fund
  3. 3 Whether the calculation of the lump sum and costs was correct

Ratio Decidendi

The court has jurisdiction under s.31(5) of the Matrimonial Causes Act 1973 to discharge a child maintenance order and award a lump sum in lieu of future periodic maintenance. The trial judge's findings on income and CGT fund division were not open to appellate interference. The calculation of the lump sum and costs was correct, subject to minor adjustments for payments made and interest accrued.

Court Disposition

Appeal dismissed; renewed permission applications refused as totally without merit; stay pending further variation application refused.

Orders

  • Husband to pay lump sum of £38,404 (inclusive of half share of CGT fund)
  • Husband to pay interest of £5,091 on unpaid lump sum