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Chapter 6 Self-test questions
Quiz Content
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The scheme established by the Child Support Act 1991 is only open to married parents. True or false?
True
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False
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Historically, one key purpose of rules requiring fathers to support their children was to reimburse the state for the cost of maintaining poor children. True or false?
True
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False
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What significant change came in in 1844?
The introduction of workhouses.
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Financial support from the parish for women deserted by their husbands.
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The right for unmarried mothers to seek maintenance for their children.
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The bastardy laws were abolished.
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Why was the Child Support Agency unpopular from the start? Choose all that apply.
The calculations were very complex, making it hard for anyone to understand.
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If non-resident parent had a second family this was taken into account leaving the first family worse off.
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The scheme was compulsory for parents receiving benefits, but they were no better off as a result.
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Most people were in arrears by the time they made their first payment due to the way the claims were calculated.
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What was the outcome of the case
R (on the application of Kehoe) v Secretary of Sate for Work and Pensions
[2005] UKHL 48?
That parents did not have a right to recover maintenance as an individual and had to rely on the Child Support Agency to recover this for them.
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That the right to maintenance was the right of the child not of the parent.
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That resident parents had a right to recover maintenance directly from the non-resident parent is the Child Support Agency failed to do so.
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That Article 6 of the European Convention was engaged, and the provisions of the Child Support Act 1991 were incompatible with Convention rights.
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How does the Child Maintenance Service define a non-resident parent?
A parent who provides care to a lesser extent than the other parent.
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A parent who does not live with a child.
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A parent who lives with a child less than 50% of the time.
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A parent who provide equal care with the other parent.
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If parents cannot reach an agreement on child maintenance, what can the Child Maintenance Service do?
Calculate the amount of maintenance for the parents.
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Collect maintenance and pay it to the non-resident parent.
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Authorise the non-resident parent to make an application to court.
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Collect arrears accrued under a family based arrangement.
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Maintenance is calculated according to the resident parent's gross income. True or false?
True
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False
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Which of the following methods can the Child Maintenance Service use to enforce non-payment? Choose all that apply.
Take money directly from the non-payer's bank account
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Require an employer to deduct the amount owed from wages
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Allow the non-resident parent to apply to the family court for an enforcement order
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Apply to the court for a liability order so that the bailiff's can seize property
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In which of the following situations can a parent make an application to court for maintenance?
For educational expenses
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For expenses in relation to a child's disability
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Where one parent lives outside the UK
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Where the child lives equally in two homes
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Section 8 Child Support Act 1991 allows the court equal jurisdiction with the Child Maintenance Service, meaning parents can choose to apply to court or use the CMS to collect child maintenance. True or false?
True
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False
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Under the Matrimonial Causes Act 1973 step-parents are liable for maintenance of all step-children. True or False?
True
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False
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Where parents are married, the court can make financial orders in relation to both income and property of the parties under the Matrimonial Causes Act 1973. To what extent can the court make orders for the maintenance of children as part of this process? Choose all that apply.
Financial support for children cannot be absorbed into the claims for support of the spouse.
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Periodical payments can be made for children, but only if one of the exceptions to s.8 Child Support Act 1991 applies.
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There are no specific provisions in the Matrimonial Causes Act 1973 to make financial provision for children.
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Financial support for children can be absorbed into the claims for support of the spouse.
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Which of the following factors must the court consider under s.25(3) when deciding whether to make an order? Choose all that apply.
The financial needs of the non-resident parent
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The physical or mental disability of the child
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Educational needs of the child
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Financial needs of the child
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Periodical payments for children can extend beyond their eighteenth birthday if they are still in education. True or false?
True
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False
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Financial provision under Schedule 1 Children Act 1989 is not available to married couples. True or false?
True
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False
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Under Schedule 1 Children Act 1989 the court has the power to transfer or settle property. In what way is this different to the powers under the Matrimonial Causes Act 1973?
The only difference is that the power is for unmarried couples and it gives the court power to make financial order for the benefit of cohabitants.
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The order has to be made for the benefit of a child meaning that a transfer of property if not ever possible.
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The order has to be for the benefit of a child, which allows the court to transfer property into the name of the resident parent.
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The has to be made for the benefit of a child, which means that property will normally be held on trust until they are 18.
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How did the court deal with the issue of financial support when the children had different fathers in
J v C (Child: Financial Provision)
[1991] 1 FLR 152?
The father was not required to pay anything for the upkeep of his daughter as he won the lottery after his relationship with the mother ended.
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The father was not required to pay anything for the upkeep of his daughter as she was an unwanted child.
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The father was required to buy a four-bedroom house for the child to live in with her mother and sisters.
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The father was required to purchase a house big enough for the mother and daughter to live in, but the needs of the other two children could not be taken into account.
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Unlike award order under the Matrimonial Causes Act 1973, an order under Schedule 1 Children Act 1989 is unlikely to be affected if the resident parent cohabits with or marries a new partner. True or false?
True
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False
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Amaya and Noel have one child, Chris, who lives with Amaya. Amaya is a senior doctor and Noel is a nurse. Amaya's salary is three times that of Noel's. Chris stays with Noel for two nights every week and spends 3 weeks with him in the summer holidays. Noel lives with his new partner and they have two young children together. Amaya has asked Noel for maintenance payments and he is not happy about this as she earns so much more than him. If Amaya makes an application to the Child Maintenance Service for maintenance to be assessed, what factors will they take into account when adjusting the amount that Noel should pay?
The maintenance will be a percentage of Noel's gross income with no other factors taken into account.
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The maintenance will be percentage of Noel's gross income with reductions made in relation to Amaya's income and Noel's two younger children.
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The maintenance will be a percentage of Noel's gross income with reductions made in relation to Amaya's income and the number of nights Chris spends with Noel every year.
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The maintenance will be a percentage of Noel's gross income with reductions made in relation to the number of nights Chris spends with Noel and his two younger children.
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Dom and Eva are getting divorced. They have a child together, Felipe, who is disabled and needs a high level of specialist care. He uses a wheelchair, is non-verbal and cannot feed or care for himself. Felipe is going to remain living with Eva. In the financial proceedings, Dom has agreed to transfer the house into Eva's sole name as it has been specially adapted for Felipe and he has agreed that he will pay maintenance at a CMS percentage of his gross income. He is not willing to pay more than this, but Eva is asking for extra maintenance payments for Felipe to take account of the cost of paying for specialist carers to come in and assist her. Advise Eva as to her options regarding extra maintenance payments.
The family court does not have the power to order maintenance for a child, but does take account of a child's needs when assessing a fair award for the spouse so periodical payments can be ordered as spousal maintenance in this case.
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On divorce, the court can make orders for child maintenance as part of the financial settlement instead of the parents making an application to the CMS.
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The family court does have power to make orders for maintenance of children, but only in circumstances where the Child Support Act 1998 allows. Additional payments in relation to a child's disability is one of those circumstances.
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As part of a CMS calculation the particular needs of a disabled child can be taken into account when the amount of maintenance is being calculated
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Gino and Heather have a son, Idriss who is two years old. Heather has two older children, Joe and Kai who have a different father. Gino and Heather had a brief relationship that lasted less than six months. Gino has regular contact with Idriss, and pays maintenance at CMS rates. The CMS assessed his income for the past tax year as £4,500 a month. Gino owns his own successful construction company and lives in a large house with a swimming pool and land for horses. Idriss has his own bedroom at his father's house and Gino plans to take him on luxury holidays every year. Meanwhile Heather lives in a two-bedroom council flat and does not work. She lives on universal credit and child benefit. Although the money that she receives from Gino helps with household expenses she is worried about Idriss growing up seeing the disparity between his life with his mother and with his father. She has asked Gino to buy a house for her to live in with the children and to pay additional maintenance about the CMS maximum so that she can provide a better life for Idriss. Gino has said he does not mind buying a property as long as she moves out when Idriss is 18 and as long as she does not expect him to pay for a house that is big enough for Kai and Joe to have their own bedrooms. Rather than increasing maintenance payments he has offered to buy things that Idriss might need, such as clothing, computers, an X-Box and phone when he is older and so on. He does not want to pay any more maintenance as he does not want to subsidise Heather and her other two children's lives. He is only interested in supporting his son. Advise Heather as to what remedies are available to her and what the likely outcome of court proceedings might be.
Heather can make an application under Schedule 1 of the Children Act 1989 for increased maintenance to be deducted from income about £3000 and for the purchase of a house large enough for her whole family to live in. The house would most likely be held on trust and revert to Gino when Idriss reaches adulthood.
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Heather can make an application under Schedule 1 of the Children Act 1989 for extra maintenance over and above the maximum income of £3,000 a month that the CMS take deductions from, but the court has no power to order the purchase of a house as she and Gino were not married.
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Heather can make an application under Schedule 1 of the Children Act 1989 for the purchase of a house, but the court will only require him to buy a two-bedroom house as Gino is not responsible for Joe and Kai.
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Heather can make an application under Schedule 1 of the Children Act 1989 for increased maintenance to be deducted from income about £3000 and for the purchase of a house large enough for her whole family to live in. The house would most likely be transferred to her sole name to provide her with housing security for life.
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Liz has two children, Naia aged four and Olivia aged six. She has recently separated from her wife Maeve. Maeve is the second female parent of Naia who was conceived following donor insemination. Olivia does not have any contact with her father Paul. He is not named on her birth certificate and does not have parental responsibility. Liz and Maeve met when Olivia was a baby and Maeve has always treated Olivia as if she were her own child. Liz and Maeve have reached an agreement about the future ownership of the family home and that Maeve will pay maintenance at CMS rates for Naia. She has said she will not pay any maintenance for Olivia and that it is about time that her father took responsibility for her. Liz does not know how to contact Paul and promised him that she would never ask him for maintenance when she was still pregnant. What are Liz's options in relation to maintenance for Olivia?
Liz cannot ask either Maeve or Paul for maintenance, as Paul is not liable as he does not have parental responsibility and M is not liable as she is not Olivia's parent.
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Liz cannot ask P for maintenance as he does not have parental responsibility, but can make an application under Schedule 1 Children Act 1989 for Maeve to pay maintenance as she has treated Olivia as a child of the family.
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Paul and Maeve can both be assessed for maintenance by the CMS, Paul as a parent and Maeve as a step-parent.
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Paul can be required to pay maintenance by the CMS as he is Olivia's father. As Maeve treated Olivia as a child of the family the court can make an order for Maeve to pay maintenance for Olivia under the Matrimonial Causes Act 1973.
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