L v S [2009] JRC 048A (16 March 2009)

L v S [2009] JRC 048A (16 March 2009)

The court determined that due to the significant variation in the father's income, a base figure of £400 per month for child maintenance was reasonable, to be reviewed annually or upon a material change in circumstances, and declined to backdate maintenance or award costs for the hearing.

Citation
[2009] JRC 048A
Parties
Mother: L; Father: S
Jurisdiction
Jersey
Judgment Date
16 March 2009
Procedural Posture
Child Maintenance Application / Final Hearing
Outcome
child maintenance set at £400 per month, not backdated, no order as to costs
Legal Topics
Child Maintenance, Variation of Maintenance, Financial Disclosure
Family Law Child Maintenance Variation of Maintenance Financial Disclosure

Case Brief

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Parties

L

Mother

S

Father

Procedural Posture

Child Maintenance Application / Final Hearing

Legal Issues

  1. 1 Determination of appropriate level of child maintenance given variable income of father
  2. 2 Whether maintenance should be backdated
  3. 3 Whether costs should be awarded

Ratio Decidendi

The court determined that due to the significant variation in the father's income, a base figure of £400 per month for child maintenance was reasonable, to be reviewed annually or upon a material change in circumstances, and declined to backdate maintenance or award costs for the hearing.

Court Disposition

child maintenance set at £400 per month, not backdated, no order as to costs

Orders

  • Father to pay £400 per month child maintenance for at least 6 months, subject to annual review or upon change in circumstances.
  • No backdating of maintenance.