CSA hits father in pounds 35,000 deal

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The Independent Online
An unmarried father who paid a pounds 35,000 lump-sum "clean- break" payment for his daughter's maintenance lost his legal battle yesterday against also paying pounds 121 a week under Child Support Agency laws.

Three Court of Appeal judges ruled that although the lump sum was paid under a 1991 county court order "in full and final" settlement, new regulations superseded this ruling.

Lord Justice Thorpe said that "if injustices are not to be repeated in cases such as this", maintenance payment by capital sum should be fully recognised in the CSA assessment.

Under the Child Support Act, periodic payments must be made to the mother.

Any lump sums paid out cannot be taken into account and cannot be reclaimed. But as the law stands at the moment, the chartered accountant father must pay twice.

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