Chapter 6 Self-test questions

. The scheme established by the Child Support Act 1991 is only open to married parents. True or false?

. Historically, one key purpose of rules requiring fathers to support their children was to reimburse the state for the cost of maintaining poor children. True or false?

. What significant change came in in 1844?

. Why was the Child Support Agency unpopular from the start? Choose all that apply.

. What was the outcome of the case R (on the application of Kehoe) v Secretary of Sate for Work and Pensions [2005] UKHL 48?

. How does the Child Maintenance Service define a non-resident parent?

. If parents cannot reach an agreement on child maintenance, what can the Child Maintenance Service do?

. Maintenance is calculated according to the resident parent's gross income. True or false?

. Which of the following methods can the Child Maintenance Service use to enforce non-payment? Choose all that apply.

. In which of the following situations can a parent make an application to court for maintenance?

. Section 8 Child Support Act 1991 allows the court equal jurisdiction with the Child Maintenance Service, meaning parents can choose to apply to court or use the CMS to collect child maintenance. True or false?

. Under the Matrimonial Causes Act 1973 step-parents are liable for maintenance of all step-children. True or False?

. Where parents are married, the court can make financial orders in relation to both income and property of the parties under the Matrimonial Causes Act 1973. To what extent can the court make orders for the maintenance of children as part of this process? Choose all that apply.

. Which of the following factors must the court consider under s.25(3) when deciding whether to make an order? Choose all that apply.

. Periodical payments for children can extend beyond their eighteenth birthday if they are still in education. True or false?

. Financial provision under Schedule 1 Children Act 1989 is not available to married couples. True or false?

. Under Schedule 1 Children Act 1989 the court has the power to transfer or settle property. In what way is this different to the powers under the Matrimonial Causes Act 1973?

. How did the court deal with the issue of financial support when the children had different fathers in J v C (Child: Financial Provision) [1991] 1 FLR 152?

. Unlike award order under the Matrimonial Causes Act 1973, an order under Schedule 1 Children Act 1989 is unlikely to be affected if the resident parent cohabits with or marries a new partner. True or false?

. Amaya and Noel have one child, Chris, who lives with Amaya. Amaya is a senior doctor and Noel is a nurse. Amaya's salary is three times that of Noel's. Chris stays with Noel for two nights every week and spends 3 weeks with him in the summer holidays. Noel lives with his new partner and they have two young children together. Amaya has asked Noel for maintenance payments and he is not happy about this as she earns so much more than him. If Amaya makes an application to the Child Maintenance Service for maintenance to be assessed, what factors will they take into account when adjusting the amount that Noel should pay?

. Dom and Eva are getting divorced. They have a child together, Felipe, who is disabled and needs a high level of specialist care. He uses a wheelchair, is non-verbal and cannot feed or care for himself. Felipe is going to remain living with Eva. In the financial proceedings, Dom has agreed to transfer the house into Eva's sole name as it has been specially adapted for Felipe and he has agreed that he will pay maintenance at a CMS percentage of his gross income. He is not willing to pay more than this, but Eva is asking for extra maintenance payments for Felipe to take account of the cost of paying for specialist carers to come in and assist her. Advise Eva as to her options regarding extra maintenance payments.

. Gino and Heather have a son, Idriss who is two years old. Heather has two older children, Joe and Kai who have a different father. Gino and Heather had a brief relationship that lasted less than six months. Gino has regular contact with Idriss, and pays maintenance at CMS rates. The CMS assessed his income for the past tax year as £4,500 a month. Gino owns his own successful construction company and lives in a large house with a swimming pool and land for horses. Idriss has his own bedroom at his father's house and Gino plans to take him on luxury holidays every year. Meanwhile Heather lives in a two-bedroom council flat and does not work. She lives on universal credit and child benefit. Although the money that she receives from Gino helps with household expenses she is worried about Idriss growing up seeing the disparity between his life with his mother and with his father. She has asked Gino to buy a house for her to live in with the children and to pay additional maintenance about the CMS maximum so that she can provide a better life for Idriss. Gino has said he does not mind buying a property as long as she moves out when Idriss is 18 and as long as she does not expect him to pay for a house that is big enough for Kai and Joe to have their own bedrooms. Rather than increasing maintenance payments he has offered to buy things that Idriss might need, such as clothing, computers, an X-Box and phone when he is older and so on. He does not want to pay any more maintenance as he does not want to subsidise Heather and her other two children's lives. He is only interested in supporting his son. Advise Heather as to what remedies are available to her and what the likely outcome of court proceedings might be.

. Liz has two children, Naia aged four and Olivia aged six. She has recently separated from her wife Maeve. Maeve is the second female parent of Naia who was conceived following donor insemination. Olivia does not have any contact with her father Paul. He is not named on her birth certificate and does not have parental responsibility. Liz and Maeve met when Olivia was a baby and Maeve has always treated Olivia as if she were her own child. Liz and Maeve have reached an agreement about the future ownership of the family home and that Maeve will pay maintenance at CMS rates for Naia. She has said she will not pay any maintenance for Olivia and that it is about time that her father took responsibility for her. Liz does not know how to contact Paul and promised him that she would never ask him for maintenance when she was still pregnant. What are Liz's options in relation to maintenance for Olivia?

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