F v H (Matrimonial) [2020] JRC 140C (20 July 2020)

F v H (Matrimonial) [2020] JRC 140C (20 July 2020)

Child maintenance is determined by reference to the children's needs due to lack of verified financial information from the respondent. Lump sum application is dismissed as payments by petitioner's parents were not loans and reimbursement is contingent on outcome of separate proceedings. Wage arrest is not ordered as respondent was not given sufficient opportunity to be heard. Costs order is not justified given petitioner's failure on lump sum application and her benefit of legal aid.

Citation
[2020] JRC 140C
Parties
Applicant: Petitioner; Respondent: Respondent
Jurisdiction
Jersey
Judgment Date
20 July 2020
Procedural Posture
Ancillary Financial Relief in Divorce Proceedings / Final Hearing
Outcome
Child maintenance ordered; lump sum application dismissed; wage arrest not ordered; costs order not made.
Legal Topics
Child Maintenance, Lump Sum Orders, Costs, Wage Arrest
Family Law Child Maintenance Lump Sum Orders Costs Wage Arrest

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Parties

Petitioner

Applicant

Respondent

Respondent

Procedural Posture

Ancillary Financial Relief in Divorce Proceedings / Final Hearing

Legal Issues

  1. 1 Determination of child maintenance
  2. 2 Entitlement to lump sum payment
  3. 3 Application for wage arrest

Ratio Decidendi

Child maintenance is determined by reference to the children's needs due to lack of verified financial information from the respondent. Lump sum application is dismissed as payments by petitioner's parents were not loans and reimbursement is contingent on outcome of separate proceedings. Wage arrest is not ordered as respondent was not given sufficient opportunity to be heard. Costs order is not justified given petitioner's failure on lump sum application and her benefit of legal aid.

Court Disposition

Child maintenance ordered; lump sum application dismissed; wage arrest not ordered; costs order not made.

Orders

  • Respondent to pay child maintenance of £50 per week per child until each child attains age 18 or completes full time secondary education, whichever is later, with automatic annual increase.
  • Respondent to pay arrears of £260 at £20 per week.