Child maintenance and gender stereotypes: understanding J.M. v. the UK

A recent case, J.M. v. the United Kingdom, startled our research team. The case concerns a British child support rule that is at first glance counter-intuitive. The rule, from the Child Support Act 1991, states that the parent who does not have the primary care of the children is required to pay child support. So far little news. However, the amount of this support is reduced when the absent parent enters into a new relationship. The rule made no distinction between married and unmarried couples, but took no account of same-sex relationships. In this post I will highlight why the Court’s ruling is problematic and, moreover, why the underlying rule is deeply disturbing. Continue reading