Dean acted for the father in an application by the mother under Schedule 1 Children Act 1989 for periodical payments in respect of their two children.
The parties did not fall within the jurisdiction of the Child Maintenance Service (CMS) due to the mother and children living abroad. In light of the father’s significant level of earnings, the wife sought periodical payments far in excess of the sum that would have been awarded in the event that the CMS calculation were applicable, as of course she is open to do in those circumstances.
The father, however, had always paid over and above what he would have been required to pay under the CMS, and sought to obtain an order that his payments be limited to the CMS rate. This would leave him free to make, as opposed to being required to make, additional payments as he so wished. With Dean’s representation, his client was successful in his argument, and was ordered to make payments in line with his proposal.