Household Expenditure Child Support Award (HECSA)

In Collardeau-Fuchs v Fuchs (Rev1) [2022] EWFC 135, Mostyn J introduced the concept of supporting a child through supporting the parent whom the child primarily lives with. He called this a Household Expenditure Award (HECSA), and it is an order for child maintenance which may extend beyond the specific expenses of the child and meet some expenses of the relevant parent. 

Such expenses can only be covered by a HECSA where the parent is unable to meet them themselves, and it cannot be used to meet the expenses directly personal to the parent and not related to their role as a caregiver for the child. For example, a HECSA may be made in relation to utility bills, transport, and family holidays. 

To determine a reasonable level of household expenses to be covered by a HECSA, Mostyn J directed that the court should look at the parties’ current standard of living, and if relevant, the standard of living enjoyed by them prior to the breakdown of their relationship. The goal is not to replicate exactly the lifestyle the child experienced previously, but the child is entitled to a lifestyle which is “not entirely out of kilter” (HRH Haya Bint Al Hussein v HRH Mohammed Bin Rashid Al Maktoum [2021] EWFC 94) with the one they enjoyed prior to the breakdown of their parents’ relationship. 

It is important to note that Mostyn J distinguished between Schedule 1 applications and other applications where the parent has no claim for spousal maintenance, from applications for financial relief under the Matrimonial Causes Act 1973, where child maintenance is a subsidiary claim. A HECSA may only be made in the former cases, for example, where the parties were never married, the applicant has remarried, or spousal maintenance has already been determined by a pre-nuptial or post-nuptial agreement. 

If you require advice regarding how much child maintenance you or your former partner should pay, contact Vardags today for a free initial consultation with one of our expert divorce solicitors. 

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