PS v CS
[2023] EWFC 323 (B)
Jason Galbraith-Marten v Catherine De Renee
20 December 2023
[2023] EWFC 253
Family Court
A father and mother disagreed on how much child support the father should pay. The judge decided a fair amount based on both parents' finances and the child's needs, using a special formula for calculating the payment. The mother also tried to make another claim, but that one will be heard later.
Key Facts
- •Long and troubled litigation history between Jason Galbraith-Marten (father) and Catherine De Renée (mother).
- •Application under Schedule 1 of the Children Act 1989 for periodical payments for their child, A (nearly 15 years old).
- •Previous consent order for £2,684 p.c.m. set aside in August 2023 due to the James v Seymour judgment.
- •Father's income is in the higher range of £156,000-£650,000, mother is unemployed.
- •Mother made numerous previous applications for financial relief, many of which were dismissed.
- •Mother filed a new application under Part III of the Matrimonial and Family Proceedings Act 1984, but it was not considered at this hearing due to an ECRO.
Legal Principles
Schedule 1 CA 1989 dictates that the court must have regard to all circumstances of the case, including income, earning capacity, property, financial needs and responsibilities of both parents and the child, and the child's education.
Children Act 1989, Schedule 1, paragraph 4
The welfare of the child is paramount and must be a constant influence on the discretionary outcome.
Re P [2003] EWCA Civ 837
In variation applications under paragraph 6 of Schedule 1 CA 1989, the value of the original order adjusted by inflation should normally be used as the CSSP.
James v Seymour [2023] EWHC 844 (Fam)
The court has a duty to scrutinise consent orders by reference to the statutory criteria and can refuse to make the order even if agreed by the parties.
Xydhias v Xydhias [1999] 1 FLR 683
Part III MFPA 1984 applications require leave, and substantial grounds must exist for such an order.
Matrimonial and Family Proceedings Act 1984, Section 13
Outcomes
Periodical payments for child A set at £1,960 p.c.m., backdated to April 2023.
This figure represents a balance between the father's high income, the mother's financial needs, and the welfare of the child. It considers the James v Seymour formula as a starting point, but ultimately relies on the court's discretion under Schedule 1 CA 1989.
Future periodical payments will be calculated annually using the James v Seymour formula, based on the father's tax return.
To ensure fairness and consistency in child support payments over time, particularly given the father's self-employment.
Mother's Part III MFPA 1984 application is not yet decided pending further submissions.
The mother is subject to an ECRO and must obtain permission, and demonstrate substantial grounds, to proceed. The court will consider these issues based on the additional documentation provided.