Child Maintenance

Child maintenance is primarily dealt with by the Child Support Agency, which is part of the Child Maintenance and Enforcement Commission (CMEC for short), although the Court does still have the power to deal with child maintenance issues in limited circumstances.

It is important that child maintenance is not confused with residence or contact issues.  If you are not careful it will look as though you are treating the child as an asset to be bargained over or bought.  The Courts have made it clear that residence and contact issues relate to the rights of the children.  Child maintenance relates to the obligation of the parents to provide financially for the children.

The Child Support Agency calculate the "non-residential parent"'s liability by a simple formula.  The basic rate child support is based upon a proportion of the non-residential parent's net income determined by how many children there are as follows:

• 1 child = 15% of net income
• 2 children = 20% of net income
• 3 or more children = 25% of net income

If the net weekly income is between £100 and £200 a reduced amount is payable.  Where the net weekly income is £100 or less flat rate of £5 per week is payable.  If the net weekly income is less than £5 per week nothing is payable.  Where care of a child is shared between parents the amount to be paid is reduced dependent on how much time the child spends with the non-residential parent.  This is only a very brief summary of the position and fuller information can be found on the CSA website.

If the child stays overnight with the non-residential parent for more than 52 nights a year then the amount payable is reduced.  This is based on the average number of days the child spends with the non-residential parent.

Where a parent is paying child maintenance for more than one child to different former partners then the total amount is calculated on the standard formula based on the number of children and then split proportionately.

If a non-residential parent refuses to co-operate with an assessment a default assessment is usually applied while the information is still sought.  The default amounts are £30 per week for one child, £40 for 2 children and £50 for 3 or more children.  The CSA can prosecute for failing to provide information, although the punishment if found guilty is limited to a fine of £1,000.  Once the information is obtained the assessment is back-dated to the date of the default assessment.

It is not uncommon for there to be a dispute over parentage of a child.  Adopted children are treated as the natural children of the adoptive parents.  Parentage is presumed where the parties were married at some stage during the period from conception to birth, where the parent is named on the birth certificate or where there is a refusal to take a scientific paternity test.

If all else fails an application can be made to the court for a declaration as to parentage.  Scientific tests are likely to be required as a result and if these establish parentage you are likely to have to pay the cost of the tests as well as child maintenance/support.

Where step-children are involved, in certain cases where parents live abroad or where the children are aged 19 or over and still in full-time education or training, the courts still have the power to deal with child maintenance.  If the net weekly income is over £2,000 per week the Court also has power to Order supplemental maintenance.  The Courts can also Order additional payments for educational expenses and in relation to children with a disability.

It is still open to the parties to agree how much should be paid as child maintenance.  Any agreement can be recorded in a consent Order with the Court and the Child Support Agency then have no power to deal with the matter for at least a year.  There are also various methods that can be used to try and prevent them having any power after that time or nullifying any effect this would have.

Finally, if you are separating or divorcing and wish to ensure your wealth is passed to your children if anything happens to you then you should consider making a will.  If you already have one you should make sure this is up to date.

We are here to help 24 hours a day 365 days a year.  Either e-mail us anytime, call (01296) 662770 (Nick) or (01525) 373322 (Richard) during the normal working day or (07973) 424178 in an emergency.