Global or ‘Segal’ orders meaning

A global or ‘Segal’ order is a spousal periodical payments order expressed as a single global sum, reduced pro tanto by any child maintenance payable under a statutory child support calculation by the Child Maintenance Service (CMS). It is used where the parties have not agreed child maintenance (and so no consent order can be made) and the court therefore lacks jurisdiction to order periodical payments for a child because the CMS scheme applies. The order provides a holding position until a CMS assessment is made, with any CMS liability credited against the figure. Recognised in case law rather than statute, the approach was approved by the Court of Appeal in Dorney-Kingdom v Dorney-Kingdom, provided the order has a substantial element of spousal support and does not attempt to oust the CMS. The term and practice are principally used in England and Wales; comparable drafting exists in Northern Ireland under CMS (NI). In Scotland, while the CMS operates, courts retain powers to order aliment; the term is uncommon. The concept is not typically used in Ireland, where child maintenance is court-determined without a CMS scheme. Typical drafting sets a monthly sum with credit for any CMS assessment and a review once the...