Separated Couples and Money.
The Child Maintenance Service, agreement between you, or the Courts? – acquisition and enforcement.
The statutory scheme – Child Support Act 1991 (as amended)
There are calculations beyond the scope of this article that apply. Take a look at the trusted government website for full details of how CMS is calculated here. How we work out child maintenance: a step-by-step guide – GOV.UK. Bear in mind you can also make an initial confidential anonymous enquiry of the calculation so that you can calculate and prepare in the event of a forthcoming or recent separation.
Agreements between you with or without court involvement
You might be able to apply to the court instead or make an agreement either outside court or for the court to approve in your absence, prepared and submitted for you by your solicitor.
A court can make an order that the absent parent pays child maintenance only in certain circumstances. These are.
- Parents agree on a maintenance payment between them and want it to be approved by the court. (twelve months is the time permitted for the court to deal with enforcement before either of you can then go to the CMS for a separate assessment).
- The payer’s income exceeds £156,000 per year in which case a top-up order of a CMS assessment can be made.
- Payments are needed for educational training for a trade, profession, or vocation. This applies even if the child is already employed.
- A child needs expenses relating to a disability. (no age limit applies here).
- You are applying for a stepchild from a non-resident parent and are married or in a civil partnership.
- The child is continuing with full time secondary/further education (not degree level) and is over the age of 20.
- Your child lives abroad, and the payer lives in England and Wales.
- The child lives in England and Wales and the paying parent is abroad working for a UK company or for the Crown.
- The paying parent has died.
Initial free advice
Talk to a HGW family law specialist today. We offer you a free initial consultation with one of our professionally qualified experts who can guide you through, not only child maintenance but any of the related factors that often apply to relationship separation of couples with children.