Brough v Law & Anor [2011] EWCA Civ 1183 (20 October 2011)
A brief period of parents living together does not terminate a maintenance assessment under paragraph 16(1)(b); the provision is concerned with permanent loss of qualifying child status, not temporary changes. Paragraph 16(1)(d) governs termination upon six months' continuous cohabitation.
- Citation
- [2011] EWCA Civ 1183
- Parties
- Appellant: Michael Brough; First Respondent: Sharon Law; Second Respondent: Child Maintenance and Enforcement Commission
- Jurisdiction
- England and Wales
- Judgment Date
- 20 October 2011
- Procedural Posture
- Appeal / Court of Appeal Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Child Support, Maintenance Assessment, Statutory Interpretation
Case Brief
Summary, issues, holding and outcome
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Parties
Michael Brough
Appellant
Sharon Law
First Respondent
Child Maintenance and Enforcement Commission
Second Respondent
Procedural Posture
Appeal / Court of Appeal Judgment
Legal Issues
- 1 Whether a brief period of reconciliation between parents terminates a maintenance assessment under paragraph 16(1)(b) of Schedule 1 to the Child Support Act 1991
- 2 Interpretation of 'qualifying child' and 'absent parent' under the Act
Ratio Decidendi
A brief period of parents living together does not terminate a maintenance assessment under paragraph 16(1)(b); the provision is concerned with permanent loss of qualifying child status, not temporary changes. Paragraph 16(1)(d) governs termination upon six months' continuous cohabitation.
Court Disposition
Appeal dismissed
Orders
- Maintenance assessment remains valid; no automatic termination from brief reconciliation
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