UHNW parents have been accused of using legal loopholes to avoid paying child maintenance payments to their former partners.
A number of recent cases have specifically involved wealthy fathers dodging payments, and the Child Maintenance Service (CMS) has been accused of delays and failings which have let absent parents shun their legal obligation.
The court began to be more alert to child-maintenance cases following a ruling from Mostyn J in 2017, who criticised the current system, stating that it was in need of change.
Partner Alex Carruthers commented “Mostyn J created a whole new concept in the law relating to child support – HECSA (Household Expenditure Child Support Award) which allows the inclusion of the mother’s designer clothes in the child’s budget.”
He further noted that, in relation to reducing the discrepancy in lifestyles between fathers and mothers, “The judge’s logic is that it is in the child’s best interests for both parents to have the appearance of the same lifestyle.”
Read Alex’s comments in Tatler, here.