IW v SSWP & Anor (CSM)

IW v SSWP & Anor (CSM)

Any error in using the mother’s income figures was not material because the current income provided by the father exceeded the historic income by more than 25%, allowing the tribunal to use the current income figure under the regulations.

Parties
Appellant: IW; First Respondent: Secretary of State for Work and Pensions; Second Respondent (mother): DW
Jurisdiction
England and Wales
Judgment Date
05 May 2016
Procedural Posture
Child Support Appeal / Upper Tribunal Appeal
Outcome
appeal dismissed
Legal Topics
Child Support Maintenance, Income Assessment, Tribunal Procedure
Family Law Administrative Law Child Support Maintenance Income Assessment Tribunal Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

IW

Appellant

Secretary of State for Work and Pensions

First Respondent

DW

Second Respondent (mother)

Procedural Posture

Child Support Appeal / Upper Tribunal Appeal

Legal Issues

  1. 1 Whether the First-tier Tribunal was entitled to use income information provided by the mother rather than directly from HMRC
  2. 2 Whether the use of current income figures was permissible under the regulations when they differed by more than 25% from historic income

Ratio Decidendi

Any error in using the mother’s income figures was not material because the current income provided by the father exceeded the historic income by more than 25%, allowing the tribunal to use the current income figure under the regulations.

Court Disposition

appeal dismissed

Orders

  • The decision of the First-tier Tribunal stands; no material error of law found.