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Child Support - Law and Policy (Paperback, New)
Loot Price: R3,270
Discovery Miles 32 700
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Child Support - Law and Policy (Paperback, New)
Expected to ship within 10 - 15 working days
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Written by one of the UK's leading scholars of welfare law, this
book analyses the current child support legislation in its broader
historical and social context, synthesising both doctrinal and
socio-legal approaches to legal research and scholarship. The book
draws on the historical and legal literature on the Poor Law and
the development of both the public and private law obligation of
child maintenance. Modern child support law must also be considered
in the context of both social and demographic changes and in the
light of popular norms about child maintenance liabilities. The
main part of the book is devoted to an analysis of the modern child
support scheme, and the key issues are addressed: the distinction
between applications in 'private' and 'benefit' cases and the
extent to which the courts retain a role in child maintenance
matters; the basis for, and the justification for, the exception
from the obligation for parents with care on benefit to co-operate
with the Child Support Agency where they fear 'undue harm or
distress'; the assessment of income for the purposes of the formula
and the evidential difficulties this entails; the tension between
the formula, which ignores the parent with care's income, and the
demands of distributive justice; the further conflict between the
formula, under which liability is capped only for the very wealthy,
and the traditional approach of private law, which is premised on
children being entitled to maintenance rather than a share in
family wealth; the treatment of special cases under the formula by
way of 'variations' (formerly 'departures'); the nature of
decision-making and the scope for appeals; and the efficacy of the
provisions relating to collection and enforcement. This book has
been shortlisted for the 2007 SLSA Book Prize.
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