FG v MBW

FG v MBW

The court determined that the father should pay periodical payments at the rate of £28,000 per annum with RPI increases from 4 March 2010, factoring in the father's income, available capital, and the mother's benefits, and ordered a review in 2013 due to uncertainties in both parties' financial positions and prospects. Lump sum and housing fund applications were not granted at this stage due to affordability and lack of necessity.

Parties
Applicant: FG; Respondent: MBW
Jurisdiction
England and Wales
Judgment Date
07 October 2011
Procedural Posture
Schedule 1 Children Act 1989 Application / Final Judgment
Outcome
Periodical payments awarded; lump sum and housing fund applications adjourned; school fees and extras to be paid; review ordered.
Legal Topics
Child Maintenance, Financial Provision for Children, Non Disclosure, Variation of Maintenance, Schedule 1 Children Act 1989, Credibility of Parties
Family Law Child Maintenance Financial Provision for Children Non Disclosure Variation of Maintenance Schedule 1 Children Act 1989 Credibility of Parties

Case Brief

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Parties

FG

Applicant

MBW

Respondent

Procedural Posture

Schedule 1 Children Act 1989 Application / Final Judgment

Legal Issues

  1. 1 Appropriate level of periodical payments for child maintenance
  2. 2 Disclosure and credibility of parties
  3. 3 Affordability and resources of respondent

Ratio Decidendi

The court determined that the father should pay periodical payments at the rate of £28,000 per annum with RPI increases from 4 March 2010, factoring in the father's income, available capital, and the mother's benefits, and ordered a review in 2013 due to uncertainties in both parties' financial positions and prospects. Lump sum and housing fund applications were not granted at this stage due to affordability and lack of necessity.

Court Disposition

Periodical payments awarded; lump sum and housing fund applications adjourned; school fees and extras to be paid; review ordered.

Orders

  • Father to pay periodical payments of £28,000 per annum with RPI increases from 4 March 2010, subject to further order.
  • Father to pay school fees and defined extras for Luc.