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England and Wales decisions
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The Upper Tribunal allowed the appeal in a child support case, set aside the First-tier Tribunal’s decision for legal error, and remitted the matter for a fresh hearing.
The Upper Tribunal allowed linked child support appeals, set aside the First-tier Tribunal decisions, and remitted both cases for fresh hearing.
The Defendant's decision was materially flawed by failing to consider supersession of the decision of 13 November 2019 during the period prior to the first Tribunal decision, and by not treating certain representations as applications for supersession. The failure to determine supersession in May/June 2020 caused loss, and the reimbursement decision should have accounted for the causative impact of erroneous confirmation of evidence receipt. The judicial review succeeds and reimbursement must be reconsidered.
Source excerpt
The Upper Tribunal held that self-employment losses cannot be set against employment income when calculating child maintenance income.
Band, R. (On the Application Of) v The Secretary of State for Work And Pensions [2025] EWHC 3108 (Admin) (25 November 2025)
Judicial review of a child support reimbursement decision. The High Court held the CMS failed to consider supersession properly, but relief was refused under s31(2A).
The Upper Tribunal set aside a First-tier Tribunal child support decision for legal error, holding that Regulation 71 required proper consideration of the child-support context.
The Family Court quantified substantial arrears, varied executory financial orders, discharged several undertakings, and made further enforcement orders after persistent non-compliance.
Collardeau v Fuchs [2025] EWFC 307 (24 September 2025)
The Family Court enforced and varied a final financial order after repeated non-compliance, quantified arrears, capitalised future mortgage obligations, and refused some unsupported claims.
TYB v CAR (Non-Disclosure) (No. 2) [2025] EWFC 263 (B) (30 June 2025)
A financial remedies judgment where the husband’s repeated non-disclosure led the court to infer his earlier high income had continued, supporting maintenance and costs orders.
The Upper Tribunal held the First-tier Tribunal misidentified the child support decision under appeal, set its decision aside, and remitted the case for rehearing.
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