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The enforcement of child maintenance payments has always been a thorny legal issue. It’s a challenge faced by legal systems across the world. Some have gone as far as making non-custodial parents serve jail time for non-payment of maintenance, which has only worsened the financial circumstances of both parties involved: the non-payer suffers loss of earnings (and, in some cases, can lose their job), while the custodial parent is even less likely to receive adequate maintenance payments.

Stay at home parents that work

Now, in the US, judges in Wake County, North Carolina, have taken steps to ensure that those parents who fall behind with their maintenance payments can still work by placing them under house arrest, instead of doing time in jail. The individuals involved are tagged electronically and only allowed to leave their homes for purposes of work or medical care.

So far the scheme seems to be working. After all, most parents want to support their children, yet separation or divorce can put these individuals under such financial stress that they fall behind with maintenance, if even only in the short term. A jail sentence can seriously compound the problem, resulting in undesirable consequences for both parties.

Loss of freedom Vs loss of earnings

The question is: would it work in the UK? Certainly, the finer details of the scheme would have to be examined, such as the individual’s ability to pay, how far behind they were with maintenance and how it would impact on the type of work they did. Then, of course, there are the ethical considerations. Is it right to ‘label’ someone as a non-payer through the use of an electronic tag and take away their personal freedom even if that individual is making a concerted effort to provide financially for the children? The scheme certainly has some merit for those who are actively avoiding their financial obligations, but it’s questionable for people with genuine financial difficulties.

 

An Arresting Solution When It Comes To Child Maintenance

Date: November 27th, 2012 - Written by: Brookman Solicitors

The enforcement of child maintenance payments has always been a thorny legal issue. It’s a challenge faced by legal systems across the world. Some have gone as far as making non-custodial parents serve jail time for non-payment of maintenance, which has only worsened the financial circumstances of both parties involved: the non-payer suffers loss of… Read the full article

Celebrities – Famous For Prenups And Breakups

Date: November 23rd, 2012 - Written by: Brookman Solicitors

A-lister or a C-lister, movie star or a music idol, no one does prenups better than celebrities – understandable when you consider what can be at stake. Over the course of just a few years, a successful celebrity can amass a huge personal fortune. And that’s without even taking into account future earnings, such as… Read the full article

International Divorce And The Children’s Needs

Date: November 19th, 2012 - Written by: Brookman Solicitors

If you moved abroad with your spouse and subsequently decided to divorce, you would want to know that any court judgement was based on your children’s best interests. In instances where there are conflicting parental views as to where children will reside and with whom, it can be up to a local court to determine… Read the full article

Could a Cohabitation Agreement Protect Unmarried Parents’ Rights?

Date: November 15th, 2012 - Written by: Brookman Solicitors

In the UK, the number of cohabiting couples with children has increased by 34% during the past decade, and is now in line with the percentage of married couples with dependent children. The Myth of the “Common Law Spouse” If a couple splits up, the legal rights of married parents and those in civil partnerships… Read the full article

You Keep the Clubcard Points, I’ll Take the Goldfish

Date: October 25th, 2012 - Written by: Brookman Solicitors

Some divorcing couples are willing to go to almost any lengths to ensure that their divorce settlement includes ‘custody’ of their most cherished possessions. Fair enough, some personal possessions could well have sentimental value – understandably, many people will be reluctant to give up ownership of their pets for example. But here we are talking… Read the full article

The Rules Of Marriage Might Be Changing, But Some Are There For Good Reason

Date: October 23rd, 2012 - Written by: Brookman Solicitors

A controversial new book: ‘The New Rules of Marriage’ by sociologist Catherine Hakim, claims that the British should be more laid back about infidelity, like our near neighbours the French, Italians and Spanish. A ‘playfair’ isn’t cheating (supposedly). . . Hakim, who was educated in France, suggests that long-term exclusivity in relationships turns people into… Read the full article

Why Divorce Doesn’t Necessarily Mean Failure

Date: October 18th, 2012 - Written by: Brookman Solicitors

Today, nearly half of all British marriages end in divorce. However, does this mean they have ‘failed’? Or, have they simply ended ‘successfully’? Till death do us part? In modern society, marriage isn’t the lifelong institution it was just half a century previously. In the past, many marriages that stayed together for ‘life’ did so… Read the full article

Indian Government Reviews Adoption Law

Date: October 16th, 2012 - Written by: Brookman Solicitors

In India, there have been a growing number of cases reported regarding the abuse of children ‘unofficially’ adopted by members of the wider family circle. As a result, several organisations have called for new legislation to adequately protect children fostered by relatives. Adoption within the family Newspapers reported the case of a 12-year-old girl in… Read the full article

Would You Rely On An “App” To See You Through The Trauma Of Divorce?

Date: October 12th, 2012 - Written by: Brookman Solicitors

If your marriage was on the brink; if you had decided enough was enough and the only course of action was to separate, would you want to rely on an “app” to guide you seamlessly through the financial and emotional headaches and heartaches of divorce? It seems unthinkable that a little piece of downloadable software… Read the full article

Does “Equality In The Home” Work For You?

Date: October 10th, 2012 - Written by: Brookman Solicitors

We live in an age of sexual equality supposedly. Or at least, in an age where equality is possible. In which case, the latest published research into the lives of Norwegian adults to establish possible links between marriage, housework and happiness, might just surprise you. DIVORCE RATES HIGHER IN ‘EQUAL STATUS’ HOUSEHOLDS The study entitled:… Read the full article


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Brookman Solicitors

66 Reviews

Jen Ade 23/07/2020

I had an initial consultation and Henry was well prepared. He gave great advice and followed through quite quickly. He was very helpful.

Chris Mullins 15/07/2020

Henry and team were most professional, considerate and efficient when handling the financial proceedings owing to my overseas divorce. I recommend their services highly. International circumstance was at first to me most daunting and confusing, given each country had its' own unique approach. Thankfully Henry was knowledgeable of the law on either side of the seas and able therefore to provide best guidance and reasoning to me which enabled favourable settlement!

Wim Jansen 24/06/2020

I contacted Brookman to ask for information regarding the validity of an international divorce court ruling. They were very quick in providing me with the right information. When I had another question a few months later around children matters I phoned them again and after taking some background information and contact details they booked me in for a free telephone consultation with 1 of their partners Talitha Brookman. She spent half an hour of her time explaining to me what I could expect and provided legal advice. All was free of charge. I would not hesitate to contact them again should any matter become more formal and have to go through court. The service has been quick, professional and very friendly.

Rebecca Brown 01/06/2020

Highly recommend this firm. Having searched around different firms for advice for some time, I had a free consultation with Henry Brookman. He was incredibly knowledgeable about my complex situation, gave straightforward advice and empowered me to understand exactly how I need to proceed.

Nik Carter 10/05/2020

I recently had a free initial consultation with Henry Brookman via video conference. He was considered and meticulous in his approach and gave me well thought through advice. He followed this up with a letter in writing summarising the advice he gave me. I would thoroughly recommend his services to anyone looking for legal representation in a divorce.