Cerys Sayer of Westgate Chambers was recently instructed by Eleanor Moodey of Penningtons Manches Cooper in relation to a Financial Dispute Resolution Hearing.

Ms Sayer represented the respondent mother, the applicant father being a high-income earner, with salary and benefits far exceeding the statutory limit of £156,000 for child support maintenance.

In the circumstances, the judicial indication was not comprehensive in all respects, but nevertheless, after robust and persistent negotiation, Ms Sayer secured a settlement for her client which well surpassed the steer given.

In light of the recent case of James v Seymour [2023] EWHC 844 (Fam), Ms Sayer applied the newly adjusted Mostyn J’s formula’ for top-up awards, which was originally set out by him in GW v RW [2003] 611 Fam and further defined in CB v KB [2019] EWFC 78. The newly introduced ‘Adjusted Formula Methodology (AFM)’ for calculating top-up awards applies for paying parties with an income which exceeds the statutory limit up to £650,000. The calculation of which can be helpfully found at the appendix to the judgement.

The client was hugely grateful to Ms Sayer and Ms Moodey for their representation and is now looking forward to moving on with her life.