Source: All England Reporter
Publisher Citation: [2005] All ER (D) 372 (Nov)
Court: Queen's Bench Division (Administrative Court)
Judge:

Jackson J

Representation The appellant appeared in person.
  Clive Sheldon (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 28 November 2005

Catchwords

Judgment - Order - Consent order - Construction - Order providing for maintenance payments to wife - Child support payments to be deducted from maintenance - Child support agency subsequently determining arrears during period initial assessment carried out - Whether order applying to assessment of arrears.

The Case

On its true construction, a consent order which expressly provided that sums paid under any assessment by the Child Support Agency by the appellant would be deducted from the monthly maintenance payment to his wife applied to an assessment in respect of arrears that had accrued whilst the assessment was being carried out. Accordingly, increased payments made under the initial period of that order were intended to repay those arrears.

Practice Areas

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