Negotiating improved child support by a high earning Father

Divorce & Matrimonial Finance

28 November 2023

Christopher represented a Mother in a case where the Father was a high earner, meaning that the top-up provisions under the Children Act Schedule 1 were engaged.

There had been a separation agreement whereby the Father paid substantial maintenance and provided a home for the Mother and child. However, due to the Father’s controlling behaviour Chris’s client had moved out of the home he provided, and as a consequence she needed an increase in maintenance to cover housing costs.

The Father had numerous companies and several properties, with enormously complex business interests – some of his companies being part owners of others. It appeared that he had been moving money between businesses and not taking dividends in order to give the impression of a low income and minimise his exposure to child support.

With Chris’s support, the Mother successfully applied for a Legal Services Payment Order (LSPO) at an early stage in proceedings. Matters were then settled at the Financial Dispute Resolution Appointment, resulting in Chris’s client receiving a lump sum to cover the child’s immediate needs and child support substantially higher than she would have obtained under the Child Support Act

For help, advice or if you wish to instruct a member of Chambers, please contact our Clerking team