In the matter of N [2010] JRC 053A (15 March 2010)

In the matter of N [2010] JRC 053A (15 March 2010)

Maintenance for a child cannot be withheld due to a historic debt; a reasonable regular payment must be made, factoring in the father's lifestyle and borrowing capacity, and should include contributions to extra expenses except child minding, which must be shared.

Citation
[2010] JRC 053A
Parties
Applicant: Mother; Respondent: Father
Jurisdiction
Jersey
Judgment Date
15 March 2010
Procedural Posture
Child Maintenance Application / Final Hearing
Outcome
application granted
Legal Topics
Child Maintenance, Parental Financial Responsibility, Extra Expenses for Child
Family Law Child Maintenance Parental Financial Responsibility Extra Expenses for Child

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2 Amounts and remedies 10
Sign in to unlock

Parties

Mother

Applicant

Father

Respondent

Procedural Posture

Child Maintenance Application / Final Hearing

Legal Issues

  1. 1 whether maintenance should be withheld due to a six-year-old debt
  2. 2 how to calculate maintenance given irregular income
  3. 3 whether extra expenses for the child should be included in maintenance

Ratio Decidendi

Maintenance for a child cannot be withheld due to a historic debt; a reasonable regular payment must be made, factoring in the father's lifestyle and borrowing capacity, and should include contributions to extra expenses except child minding, which must be shared.

Court Disposition

application granted

Orders

  • Father to pay £100 per week in child maintenance, inclusive of contributions to optical, clothing, and extracurricular activities expenses.
  • Child minding expenses to be shared between both parents.