SM v SSWP & Anor (CSM)

SM v SSWP & Anor (CSM)

The tribunal materially erred in law by failing to differentiate between school extras excluded under section 8(7), failing to consider voluntary payments under section 28J, failing to address contact expenses as a ground for variation, and breaching natural justice by not including relevant evidence. The appeal is allowed and the matter remitted for reconsideration by a fresh tribunal.

Parties
Appellant: SM; First Respondent: Secretary of State for Work and Pensions (SSWP); Second Respondent: BM
Jurisdiction
England and Wales
Judgment Date
16 May 2016
Procedural Posture
Child Support Appeal / Appeal From First Tier Tribunal to Upper Tribunal
Outcome
appeal allowed; First-tier Tribunal decision set aside; case remitted for reconsideration by a fresh tribunal
Legal Topics
Variation of Child Support, Voluntary Payments, School Expenses, Natural Justice, Procedural Fairness
Family Law Child Support Variation of Child Support Voluntary Payments School Expenses Natural Justice Procedural Fairness

Case Brief

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Parties

SM

Appellant

Secretary of State for Work and Pensions (SSWP)

First Respondent

BM

Second Respondent

Procedural Posture

Child Support Appeal / Appeal From First Tier Tribunal to Upper Tribunal

Legal Issues

  1. 1 Whether sums spent on school extras are excluded from child support calculation under section 8(7) of the Child Support Act 1991
  2. 2 Whether sums spent by the non-resident parent on extras can be considered in deciding variation of child support
  3. 3 Whether voluntary payments under section 28J can be considered in variation decisions

Ratio Decidendi

The tribunal materially erred in law by failing to differentiate between school extras excluded under section 8(7), failing to consider voluntary payments under section 28J, failing to address contact expenses as a ground for variation, and breaching natural justice by not including relevant evidence. The appeal is allowed and the matter remitted for reconsideration by a fresh tribunal.

Court Disposition

appeal allowed; First-tier Tribunal decision set aside; case remitted for reconsideration by a fresh tribunal

Orders

  • The appeal is allowed.
  • The First-tier Tribunal decision dated 2 February 2015 is set aside.