M v M (Child Maintenance) [2009] NIMaster 65 (4 March 2009)

M v M (Child Maintenance) [2009] NIMaster 65 (4 March 2009)

The court has jurisdiction to make a child maintenance order as the husband does not fall within the statutory exception for HM Forces. The appropriate quantum is £500 per month per child, index linked, based on the matrimonial agreement and statutory factors. The agreement is reasonable and should be made a Rule of Court.

Citation
[2009] NIMaster 65
Parties
Petitioner: M; Respondent: M
Jurisdiction
Northern Ireland
Judgment Date
04 March 2009
Procedural Posture
Ancillary Relief (child Maintenance) / Final Hearing
Outcome
child maintenance order granted; matrimonial agreement made a Rule of Court; costs awarded to wife
Legal Topics
Child Maintenance, Jurisdiction, Matrimonial Agreement, Ancillary Relief
Family Law Child Maintenance Jurisdiction Matrimonial Agreement Ancillary Relief

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Parties

M

Petitioner

M

Respondent

Procedural Posture

Ancillary Relief (child Maintenance) / Final Hearing

Legal Issues

  1. 1 Whether the court has jurisdiction to make a child maintenance order against a non-resident parent who is a member of HM Naval Reserve
  2. 2 Appropriate quantum and terms of child maintenance
  3. 3 Whether the matrimonial agreement should be made a Rule of Court

Ratio Decidendi

The court has jurisdiction to make a child maintenance order as the husband does not fall within the statutory exception for HM Forces. The appropriate quantum is £500 per month per child, index linked, based on the matrimonial agreement and statutory factors. The agreement is reasonable and should be made a Rule of Court.

Court Disposition

child maintenance order granted; matrimonial agreement made a Rule of Court; costs awarded to wife

Orders

  • Husband to pay £500 per month per child, index linked, until each child finishes full time education (primary degree level if applicable)
  • Matrimonial agreement made a Rule of Court