PS v CS [2023] EWFC 323 (B): Tara Lyons successfully acts for Father in schedule 1 case

Tara Lyons, instructed by Samantha Farndale of Stowe LLP, acted for the Father in this schedule 1 case.

The case provides a useful example of the court’s approach to schedule 1 applications in a modest asset but high income situation.

In this case the parties had three children. The Father had a high income of c£550,000 per annum and the Mother worked part time as a beautician. The parties had equal shared care. Not withstanding this the Father conceded that he would not seek to amend an earlier CMS calculation awarding the mother a maximum assessment and thus the top up jurisdiction applied.

The Father had previously offered the Mother maintenance of £3,000pm but had reduced the offer to c£1700pm in line with James v Seymour.

The Mother sought maintenance of £5000pm, a property adjustment order and various capital lump sums for amongst other things repayment of legal costs she had paid and rental payments.

Ultimately the Father was successful and achieved an award in line with his earlier open offer with the court dismissing significant elements of the Mother’s capital claims.

The judgment is here.