Lorna Elliott

Verified via Bar Standards Board register + LinkedIn
Practising barrister (LLB Hons), called to the Bar of England and Wales in 2003. Head of Legal Practice at Hackett & Dabbs LLP, Waterlooville, Hampshire. Specialises in human rights, public law and judicial review, with experience across criminal law, prison law and family law matters. Also trains other barristers in advocacy. Verified on the Bar Standards Board register as Mrs Lorna Hackett (formerly Lorna Elliott).

Articles by Lorna Elliott on Extensive Information on Child Support Laws

How Much Will I Have to Pay?
How Much Will I Have to Pay?
Child maintenance payments depend on your income and how often your children stay with you, and a family arrangement or the CMS can help set the amount.
What Counts as Earnings?
What Counts as Earnings?
Which income sources count toward child maintenance calculations and how earnings orders work.
Can I Get Back Pay for Child Maintenance?
Can I Get Back Pay for Child Maintenance?
You can claim back pay for child maintenance through the CMS, but only from when they first contacted the other parent.
Shared Care of a Child
Shared Care of a Child
When both parents share responsibility for a child living in separate homes, here's how child support works.
Moving Abroad, the Issues
Moving Abroad, the Issues
When moving abroad with your child, you'll need court permission unless the other parent agrees, or risk breaking abduction laws.
Lifestyle Inconsistent with Income Award: How Is It Decided?
Lifestyle Inconsistent with Income Award: How Is It Decided?
The CMS can seize goods or take court action to enforce unpaid child maintenance, but some assets and work items are protected from seizure.
Who Can Apply for Child Support?
Who Can Apply for Child Support?
You can apply for child support if you have care of a child or parental responsibility, whether or not you're a biological parent.
CMS Decisions That Are Wrong in Law
CMS Decisions That Are Wrong in Law
When the Child Maintenance Service gets a decision wrong, you can challenge it through a supersession application.
CSA Ongoing Cases: Periodic Case Checks
CSA Ongoing Cases: Periodic Case Checks
The CMS checks child support cases periodically, usually every two years, and can change the amount if circumstances warrant it.
Child Support and the Family Law Act 1996
Child Support and the Family Law Act 1996
How the Family Law Act 1996 handles child support, divorce mediation, and protective orders like Non-Molestation and Occupation Orders.
Child Support and the Human Rights Act 1998
Child Support and the Human Rights Act 1998
How Article 8 of the Human Rights Act protects family relationships and what it means for child support cases.
Child Support and the Children Act 1989
Child Support and the Children Act 1989
How the Children Act 1989 shapes child support decisions and parental rights in UK family law.
Employers' Legal Obligations to the CSA
Employers' Legal Obligations to the CSA
Your employer must follow strict rules when handling your child support case, or they could face fines and prosecution.
Arranging Child Support Through the Courts
Arranging Child Support Through the Courts
You can arrange child support through the courts using a consent order, but both parents must agree on the amount and legal costs fall on you.
Legal Rights for Separating Parents
Legal Rights for Separating Parents
Know your legal rights as a separating parent, including parental responsibility and decisions about where your children live.
What Are Parents' Rights on Separation?
What Are Parents' Rights on Separation?
When parents separate, you have legal rights and responsibilities regarding custody, contact and financial support for your child.
When, Why and How Can a CSA Decision Be Revised?
When, Why and How Can a CSA Decision Be Revised?
You can ask the CSA to change their decision within a month or if special circumstances apply, though the rules on what counts as special are vague.
Can You Change a CSA/CMS Decision?
Can You Change a CSA/CMS Decision?
Yes, CSA and CMS decisions can be changed if there's an error or circumstances have altered since the decision was made.
Judicial Review: Decision Exceeded the Power of the CSA/CMS?
Judicial Review: Decision Exceeded the Power of the CSA/CMS?
Challenge a CSA or CMS decision through judicial review if the way it was made was flawed or beyond their legal power.
Supercession: The Powers of the CSA to Supersede a Decision
Supercession: The Powers of the CSA to Supersede a Decision
The CSA can overturn past decisions if they were wrong, circumstances have changed, or more than a month has passed since you were notified.
Income: Protected, Assessable and Exempt
Income: Protected, Assessable and Exempt
Child support payments calculated before 2003 fall under old rules that classify income as protected, assessable or exempt.
Enforcement of CSA/CMS Payments
Enforcement of CSA/CMS Payments
How the CSA and CMS handle child maintenance payments, arrears, and collection services for non-resident parents.
Appealing Child Support Decisions
Appealing Child Support Decisions
You have one month to appeal a child support decision, but you can apply late if you have compelling reasons to do so.
Can a Parent Give Up His or Her Parental Rights?
Can a Parent Give Up His or Her Parental Rights?
Parents can't simply give up parental rights, but legal responsibility transfers through adoption, surrogacy, and other formal processes.
Disputes Over Paternity
Disputes Over Paternity
When someone disputes paternity, the CSA/CMS must investigate and establish who the legal parent is before calculating child maintenance.
Non-Payment and Visitation / Penalties
Non-Payment and Visitation / Penalties
Withholding contact from a non-paying parent may feel justified, but courts prioritize the child's best interests over financial disputes.
Does the CSA Have to Get Involved?
Does the CSA Have to Get Involved?
Parents can handle child support without the CSA, but informal agreements only work if both sides stay committed to the arrangement.
Child Support: Legal Case Studies
Child Support: Legal Case Studies
Real court cases show how judges handle disputes over child support, paternity and parental rights.