Child maintenance covers a contribution towards living costs, if a child lives with one parent for less than 50% of the time. It is usually organised through the CMS, unless one parent’s income exceeds a certain threshold.
Specialist advice to help navigate financial claims for your child
Whether you are married or unmarried, there may be financial issues which arise relating to your child(ren) or a child you provide care of under a court order. These could either be in relation to child maintenance or wider financial claims relating to children in certain circumstances. We are aware of the financial concerns which inevitably arise when you are bringing up a child on your own.
Claims relating to children are often made when the parent who has primary care of the child makes a claim for financial support from a wealthy parent. These relate to needs of the children and not the parent with whom the child lives, but this can provide essential support to a parent during a child’s minority.
The court has the power to make orders for the benefit of the child for monthly maintenance, lump sum payments (for example for school fees, to discharge debt, for legal fees or to purchase a suitable car) and also transfers of or purchase of a property to enable a parent to provide a home for a child even if unmarried, provided that there are enough resources. Usually, this type of property reverts when the child reaches 18, but it can sometimes be longer than this. This provision is often overlooked and goes much further than the usual child maintenance regime that is available within the UK.
Our experienced team of family law specialists can discuss the available options with you, help navigate an agreement to meet the needs of your child(ren), or respond to a financial claim that you have received. We approach these cases with sensitivity and creativity to help find a solution that works best for your family.
Child maintenance covers a contribution towards living costs, if a child lives with one parent for less than 50% of the time. It is usually organised through the CMS, unless one parent’s income exceeds a certain threshold.
The CMS is the Child Maintenance Service, a government body formerly called the CSA. They are responsible for organising child maintenance, if the parents cannot organise this directly between themselves. They can, work out an amount to pay, arrange payments, take action if a parent does not pay and sort out disagreements about parentage.
The CMS has a set formula for child maintenance based on the paying parent’s income if you live in the UK. If you live outside of the UK, or the paying parent earns more than £156,000 then the court has the ability to make an order for child maintenance under special provisions.
They are more commonly used where the parents have not been married and have no right to financial support arising from a divorce, or if one parent has a greater level of wealth. However, Schedule 1 claims can still be brought after a concluded divorce, because they relate to the needs of a child. Child maintenance provisions included in a court order, are typically only valid for 12 months when thereafter it is open to either of you to apply to the CMS for an assessment based on current circumstances.
Not always, whilst we most typically help with these claims where one parent is particularly wealthy, they can also be a useful tool for organising additional items for a child. Our specialist team can discuss your circumstances and advise on whether it may be an avenue available to you.
In determining what financial provision to make for the benefit of the child, the court will consider the following:
Zoe Porter
Partner and Head of Family
+44 (0)1392 333686 +44 (0)1823 232376 z.porter@ashfords.co.uk View moreWe are lawyers you can count on to deliver. If you’d like to find out more about our services and whether we can help you, click the button below and get in touch.
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