At Hale Family Law weunderstand that the needs of children are imperative and the courts priorityfor any divorce or separation. We are highly skilled at dealing with all childmaintenance issues. Why not reach out to our team today call, email or book a consultation for expert advice.
The court does not usually have the power to make child maintenance orders save in limited circumstances. Child maintenance is primarily dealt with by the Child Maintenance Service (CMS).
Understanding that each client’s situation is unique. We support parents in obtaining child maintenance in a wide variety of circumstances.
If you are the person with care (PWC), the non-resident parent (NRP) is under a duty to pay maintenance for a qualifying child (a child, one or both of whose parents can be described as a NRP (ie they do not live with that parent)
The NRP’s gross income is used. This is often provided to the CMS by HMRC if the NRP is employed. The formula for child maintenance is complex and beyond the scope of this information. As a guide, it all depends upon the number of nights qualifying child spends with the NRP and their income.
Payments usually stop when the child reaches 20 provided, they remain in full-time non-advanced education.
It is often the case that neither parent is under a duty to pay maintenance in a genuine 50/50 shared care case.
In some circumstances, the court can make orders about payments for children under Sch. 1 of the Children Act 1989. This is a route commonly used where the particular case falls outside the scope of the CMS.
A parent, step-parent, guardian or person named in a child arrangements order as a person with whom the child is to live may apply.
The court can make the following orders: -
- ‘top-up child maintenance’. This is in addition to the maximum amount assessed by the CMS. This can be for things like; school fees, expenses connected to a disability of a child.
- A capital sum. For things like a car or the costs of equipping a home for the benefit of a child.
- Transfer or settlement of property. This will usually result in the property going back to the parent who funded it.
The court will consider all the circumstances including; the income, earning capacity, property and other financial resources each party has or is likely to have in the foreseeable future; the financial needs, obligations and responsibilities that each party has or is likely to have in the foreseeable future; the financial needs of the child; the income, earning capacity (if any), property and other financial resources of the child; any physical or mental disability of the child, and; the manner in which the child was being, or was expected to be, educated or trained.
