Barrister jailed over child support payments
Fighting a child maintenance award you think is unfair, could land you in prison, local solicitor Lynne Barton is warning.
"A lot of people would like to challenge maintenance awards they think are unreasonable. But the courts recently sent a man to prison for defying an order – and the man was not only a barrister, he also represented the campaign group Fathers 4 Justice," says Lynne Barton of Aldridge Brownlee Solicitors LLP.
"It shows that it's all very well to take a principled stand, but the consequences can be serious."
Michael Cox, 43, who acts as the barrister for Fathers 4 Justice, was jailed for 42 days for refusing to pay child support to his ex-wife. Mr Cox argued that, as his three children spend half their time with him, he should not have to pay maintenance on top of that. He argued that having to pay twice over was "oppressive, unjust and discriminatory."
His wife and one of his sons pleaded for him not to be sent to prison. Mr Cox was refusing to pay the Child support Agency £40,000 in unpaid maintenance. The Fathers 4 Justice organisation has claimed Mr Cox is being treated as a scapegoat.
"You can take a stand if you think an award is unfair. But we would recommend you go into that with your eyes open," says Lynne Barton.
For more information on these issues or any other aspect of family law, speak to one of our specialists at Aldridge Brownlee Solicitors LLP on 01202 294411.
