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Maintenance and Lump Sum Claims for Children

Family and Unmarried Couples

In the case of FG v MBW [2011] a mother made an application for a ‘top up’ of maintenance from the father of her 11 year old son.  In September 2005 it was agreed that the father would make periodical payments to the mother, for the benefit of the child, totalling £12,000 per annum.  This was based on calculated projections that the father would be earning £150,000 a year or more.

The mother made an application for periodical payments of £48,000 per annum and a lump sum of £34,500 towards private education and to purchase a car for the child’s benefit.  The mother claimed that the father remained a high earner and that he had significantly understated his capital income and overall financial position.

An award of £28,000 per annum was granted to reflect the lifestyle and expectations the mother and father had for the child when they were together.  It also reflected the father’s current and expected standard of living for himself and his children from other relationships.  In a bid to achieve fairness between the couples the mother was also urged to seek employment even though she had been injured in a road traffic accident which she claimed had left her unable to work for some time.

No lump sum was awarded in this case as it would have to be paid from the father’s available capital and was therefore turned down on affordability grounds.  An application by the mother for a housing fund was adjourned.

If you would like help and advice regarding maintenance and separation matters please contact our Family Law Department on Eastbourne 01323 727321 or Hailsham 01323 841481.

Nicholas Dennis
Nicholas Dennis
Alexandra Funnell
Alexandra Funnell
Guy Brown
Guy Brown
Carolyn Richards
Carolyn Richards