ABSTRACT

The principle in Barnes v Barnes requires that applicants should not throw the burden of maintaining either themselves or their dependants on the State if they can afford to take this responsibility without such recourse. This is reinforced by the Child Support Acts 199195, which have had some success in securing support for children from absent parents. However, the facts of life are such that benefits sometimes have to form part of an ancillary relief package, and this may either be done by direct application for benefits, or sometimes by obtaining an order and then using the diversion procedure where maintenance orders registered in the Family Proceedings Court may be signed over to the Benefits Agency, which will then pay the applicant regularly and enforce the order against the defaulting payer. The Agency employs the liable relative formula to recover in these circumstances. The ancillary relief package is therefore generally structured to make best use of welfare benefits where necessary. However, there is limited opportunity for the CSA to take account of capital paid out on clean breaks.