Brough v Law & Anor

Brough v Law & Anor

A brief period of reconciliation does not terminate a maintenance assessment under paragraph 16(1)(b); the provision is concerned with permanent loss of qualifying child status, not temporary cohabitation. Only continuous cohabitation for six months triggers termination under paragraph 16(1)(d).

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
Civil Appeal / Appeal From Upper Tribunal (administrative Appeals Chamber)
Outcome
Appeal dismissed
Legal Topics
Child Support, Maintenance Assessment, Statutory Interpretation, Termination of Maintenance Assessment
Family Law Social Security Law Child Support Maintenance Assessment Statutory Interpretation Termination of Maintenance Assessment

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Parties

Michael Brough

Appellant

Sharon Law

First Respondent

Child Maintenance and Enforcement Commission

Second Respondent

Procedural Posture

Civil Appeal / Appeal From Upper Tribunal (administrative Appeals Chamber)

Legal Issues

  1. 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. 2 Interpretation of 'qualifying child' and 'absent parent' under the Child Support Act 1991
  3. 3 Redundancy and interaction of statutory provisions in paragraph 16(1)

Ratio Decidendi

A brief period of reconciliation does not terminate a maintenance assessment under paragraph 16(1)(b); the provision is concerned with permanent loss of qualifying child status, not temporary cohabitation. Only continuous cohabitation for six months triggers termination under paragraph 16(1)(d).

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.