Child Maintenance Law & Legal Advice

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.

If you have a question regarding Child Maintenance then please contact us on 01629 582308 or make a Free Online Enquiry.


Standard Child Maintenance

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.

The paying parent

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.

The parent getting maintenance

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.

Additional claims outside of the Child Maintenance Service

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.

Make An Enquiry

If you would like to get in touch with us please either call us on 01629 582308 or make a Free Online Enquiry.

To request an appointment please click here


About Lovedays

Lovedays Solicitors, Potter and Co Solicitors and Andrew Macbeth Cash and Co Solicitors are the trading names of Derbyshire Legal Services Limited (Company Registration Number 08838592) whose registered office is at Lovedays Solicitors, Crown Chambers, 6 Bank Road, Matlock, Derbyshire, DE4 3AQ.

The Directors of Derbyshire Legal Services Limited are C.D.Gale and R.LL.Roberts. Our Notary Public, M.C. Handforth is regulated by the Faculty Office of the Archbishop of Canterbury. The Company is otherwise authorised and regulated by the Solicitors Regulation Authority whose rules can be accessed at www.sra.org.uk

Contact
  • This email address is being protected from spambots. You need JavaScript enabled to view it.
  • Crown Chambers
    6 Bank Road
    Matlock
    Derbyshire
    DE4 3AQ

© Copyright 2019 Derbyshire Legal Services Limited | Website by WebWorks Design