DATE: 01 Nov 2007
The Court of Appeal allowed the Absent Parent's appeal, supported by the Secretary of State, against a decision of the Child Support Commissioner. The Commissioner had held that regular payments to the Absent Parent out of capital in his company's director's loan account were “Any other payments or other amounts received on a periodical basis” under the Child Support (Maintenance Assessments and Special Cases) Regulations 1992 Sch.1 para.15, and accordingly were to be treated as income for the purposes of the maintenance assessment.
The Court of Appeal, allowing the appeal and accepting the Secretary of State's submissions, held that the Act and Regulations drew a clear demarcation between capital and income and a periodic drawdown of capital did not fall within paragraph 15 of the Regulations. The matter was remitted to the Tribunal for a fresh determination.
Zoë Leventhal appeared for the Secretary of State. Richard Drabble QC appeared for the second respondent, the Parent with Care.
