Child maintenance is regular money paid by the person with whom the children do not live to the parent with whom they do. There is a legal obligation for Child Support. It is payable when parents live in separate households whether they were married or not. The obligation is between the parents.
The claim for child maintenance can be made by the parent receiving Child Benefit.
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:-
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:-
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:-
Lovedays Solicitors, Potter and Co Solicitors and Andrew Macbeth Cash and Co Solicitors are the trading names of Derbyshire Legal Services Limited which is a company registered in England and Wales under company number 08838592. Registered office Crown Chambers, 6 Bank Road, Matlock, Derbyshire, DE4 3AQ.
Authorised and Regulated by the Solicitors Regulation Authority under SRA ID number 637916.