For the most part, the financial matters involving children relate to the weekly or monthly amounts which an absent parent may pay in relation to the child. It is a payment to a parent for the benefit of the children.

The standard payment for the maintenance of children is a matter which is administered by the Child Maintenance Service (CMS). Child maintenance is no longer a matter dealt with in the court process (save in limited circumstances).

The CMS is keen to encourage parents to resolve and agree with the amount to be paid by child maintenance. If it cannot be agreed then an application can be made to the CMS for an assessment to be made for the amount to be paid.

If you are the paying parent you can apply to the CMS to take into account when Special expenses which you have to payout. This could take into account:-

1. The costs of fuel, train or bus fares and overnight accommodation if a return journey is not practical for seeing a child.
2. Debts that were run up whilst you and your partner were together.
3. Additional costs of looking after a disabled child in your household.
4. Boarding school fees.
5. Some of the payment of mortgage, loan or insurance policy on the property where your child lives.

If you are the parent receiving maintenance you might ask the CMS to take into account additional income in the paying party’s hands. This could take into account:-

1. Unearned income which the paying party receives such as from rental income, interest on saving and investments.
2. Diverted income which the paying party is giving to someone else.
3. Diverted income is diverted by way of failing to take dividends from a company.
4. Diverting income diverted by making excessive pension contributions.
5. Any additional earned income for example by one-off jobs.

If you believe that there are grounds under one of the above, then you can apply for a variation as the paying party to pay less or as the receiving party to get more.

There are circumstances where the CMS does not have jurisdiction over the maintenance payable. There are also circumstances where the court can be asked to provide lump sums to make financial provision for children.

The court retains jurisdiction:-

1. To make an order for maintenance to cover private school fees.
2. An order for a child for maintenance for a child at university.
3. An order against a parent where the parent is not resident in the UK.
4. An order for “top-up” maintenance” where the paying parent earns an income above the CMS threshold.
5. An order to cover expenses for a disabled child.
6. An agreed limited-term order in divorce proceedings.