Child Support

The Child Support Agency (CSA) is the Government agency dealing with child support. Just to simplify matters they recently re-branded as the Child Maintenance and Enforcement Commission (CMEC).

The Child Support Agency have taken away the Court's jurisdiction to assess the amount of child support (maintenance) that a non-resident parent should pay for the upbringing of their child. They can only deal with children of the blood or adoption, so there is no jurisdiction to assess maintenance for a step-child. Also, all parties have to be resident within the UK. Where either of the parents or the child move out of the UK the Courts may regain jurisdiction.

There is no power to asses child support if the parents and child still live in the same house, even if officially separated.

Once the child reaches the age of 16 the CSA no longer have authority unless they remain in full-time education up to A-level standard in which case the CSA have jurisdiction up to the age of 19.

Child Support is calculated based on net income of the non-residential parent without any consideration of the income of the residential parent (i.e who the child lives with). The rates vary from 15% of net income for 1 child up to 25% of net income for 3 or more children.

The CSA have an on-line calculator to help work out how much the non-resident parent should pay. The amount can be adjusted where there is extensive contact. If there is a joint residence Order then the parent with the child living with them the least time normally has to pay the other parent child support.

The Court still retains jurisdiction to assess child maintenance for:

school fees
top-up payments where the non-resident parent's income exceeds the CSA maximum for assessment (around £104,000 net per annum)
where the parties agree an Order, usually limited to up to 1 year from the Order
for the particular needs of a disabled child

It may also be possible to apply for a lump sum payment for a child under Schedule 2 of the Children Act 1989.

Further Information: Financial Issues on Divorce or Dissolution; Bankruptcy and Divorce or Bankruptcy and Dissolution - The effect of bankruptcy on financial issues; Capital Gains Tax on Divorce or Dissolution; Child Maintenance; Divorce Disclosure - Guide to the duty of disclosure; Divorce Financial Documents - Guide to using personal documents; Divorce Finances - Pensions; Divorce and Debts

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