Source: All England Reporter
Publisher Citation: [2004] All ER (D) 492 (Mar)
Court: Administrative Court
Judge:

Collins J
Representation Richard Egleton (instructed by Phillip Sutherland) for the appellant.
  Clive Sheldon (instructed by the Solicitor for the Department of Work and Pensions) for the Secretary of State.
Judgment Dates: 25 March 2004

Catchwords

Children - Child support - Maintenance payments - Arrears - Limitation period - Date of liability - Service of notice of maintenance assessment - Child Support (Collection and Enforcement) Regulations 1992, SI 1992/1989, reg 28(2).

The Case

Liability for payment of child maintenance would begin on the date that the absent parent was deemed to have been served notice of the maintenance assessment, and the amount he was liable to pay. Accordingly, where a maintenance assessment backdated the liability to the issue of the maintenance enquiry form (MEF), and the issue of the MEF was outside the limitation period contained in reg28(2) of the Child Support (Collection and Enforcement) Regulations 1992, the father was liable from the date he was deemed to have been served with notice of the maintenance assessment.

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