The change in the law, which could affect up to 10,000 fathers a year, was forced by Helen Smith, a divorced mother, who fought for six years for an increase in her former husband’s payments for their three children.

In future fathers will have to supply accounts to support their financial position rather than use a notional figure produced for tax self-assessment.

Robert Smith, 43, a businessman who drives a £45,000 Mercedes, was recording annual profits of £169,000 and going on holiday three times a year. He was paying just over £11 a week in maintenance for his three children, Harry, 16, Edwina, 13, and Miles, 12.

The figures were reached through self-assessment by Mr Smith. Mrs Smith, 39, fought the Child Support Agency, which changed its rules in 1999 to allow such assessments to “simplify the process”, to get the policy shelved.

Now, after a hearing in London, the Child Support Commissioners have agreed that a father’s level of support should be based on accounts.

Mrs Smith, who takes home £96 week working as a part-time office administrator in Oldham, said: “I took up the fight because I am a very principled person and my children were suffering. They had to miss out on school trips and often on birthday and Christmas presents.

“I just hope that other single mums will see what has happened to me and be able to fight back for themselves.”

Is the law fair to fathers?
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